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A HAND BOOK 

OF 

ELECTION LAWS 

OF CALIFORNIA 


1920-1921 






































































































































































































































































X 


v/ LAWS OF THE 

STATE OF CALIFORNIA 

RELATING TO 

ELECTIONS 

INCLUDING 

PRESIDENTIAL 
PRIMARY ACT 

AND 

DIRECT PRIMARY LAW 


19 2 0 / 




IS* 




•CsLs 


COPYRIGHT 1920 

E. A. INGRIM 



SAN FRANCISCO 



V 

RPR -3 1920 

©CI.A565460 

4K>, ^ 



c 77_ 







INTRODUCTION 

1920 EDITION 


HIS Booklet is arranged so as 
to be as convenient as pos¬ 
sible in looking up informa- 
Marginal notes you will find 
are good indexes to the pages and 
a complete cross index is placed in 
the back of the book. ^ ^ ^ ^ ^ 


Qj 



tion. 























CALIFORNIA ELECTION LAWS 


7 


CHAPTER I. 

CONSTITUTION OF THE UNITED STATES— 
14th AMENDMENT, SECTION 1. 

All persons born or naturalized in the United 
States and subject to the jurisdiction thereof are 
citizens of the United States and of the State 
wherein they reside. No State shall make or 
enforce any law which shall abridge the privileges 
or immunities of citizens of the United States; 
nor shall any State deprive any person of life, 
liberty or property without due process of law, nor 
deny to any person within its jurisdiction the 
equal protection of the laws. 


Privileges 
of Citizens 


Citizens 


Citizens 


Resumption 

of 

Citizenship 


A Citizen 


Retention of 
Citizenship 


8 CALIFORNIA ELECTION LAWS 

CHAPTER H. 

ACTS OF THE UNITED STATES AND SECTIONS 
OF STATUTES AFFECTING CITIZENSHIP 

Citizenship When Born Outside of United States 

1993. All children heretofore born or hereafter 
born out of the limits and jurisdiction of the 
United States, whose fathers were or may be at the 
time of their birth citizens thereof, are declared to 
be citizens of the United States; but the rights of 
citizenship shall not descend to children whose 
fathers never resided in the United States. 

Citizenship of Women Married to Citizens. 

1994. Any woman who is now or may hereafter be 
married to a citizen of the United States, and who 
might herself be lawfully naturalized, shall be 
deemed a citizen. 

Status of Americans Who Wed Foreigners 

Any American woman who marries a foreigner 
shall take the nationality of her husband. At the 
termination of the marital relation she may resume 
her American citizenship, if abroad, by registering 
as an American citizen within one year with a con¬ 
sul of the United States, or by returning to reside 
in the United States, or, if residing in the United 
States at the termination of the marital relation, by 
continuing to reside therein. (Act of Mar. 2, 1907.) 

Status of Foreign Women Who Wed Americans 

Any foreign woman who acquires American citi¬ 
zenship by marriage to an American shall be as¬ 
sumed to retain the same after the termination of 
the marital relation if she continues to reside in the 
United States, unless she makes formal renunciation 
thereof before a court having jurisdiction to nat¬ 
uralize aliens, or if she resides abroad she may re¬ 
tain her citizenship by registering as such before a 
United States consul within one year after the ter¬ 
mination of such marital relation. (Act of Mar. 2. 
1907.) 


CALIFORNIA ELECTION LAWS 


9 


Status of Foreign Born Children of Alien Parents. 

A child born without the United States of alien 
parents shall be deemed a citizen of the United 
States by virtue of the naturalization of or resump¬ 
tion of American citizenship by the parent; pro¬ 
vided, that such naturalization or resumption takes 
place during the minority of the' child; and pro¬ 
vided further, that the citizenship of such minor 
child shall begin at the time such minor child begins 
to reside permanently in the United States. (Act 
of Mar. 2, 1907.) 

Foreign Born Children—Record of Intention. 

All children born outside the limits of the United 
States who are citizens thereof in accordance with 
the provisions of section 1993 of the Revised Stat¬ 
utes of the United States and who continue to reside 
outside of the United States shall, in order to re¬ 
ceive the protection of this government, be required 
upon reaching the age of eighteen years to record 
at an American consulate their intention to become 
residents and remain citizens of the United States, 
and shall be further required to take the oath of 
allegiance of the United States upon attaining their 
majority. (Act of Mar. 2, 1907.) 

No Interference with Elections by Army or Navy 

JDfficers. 

2003. No officer of the Army or Navy of the 
United States, shall prescribe or fix, by proclama¬ 
tion, order, or otherwise, the qualifications of voters 
in any State, or in any manner interfere with the 
freedom of any lection in any State, or with the 
exercise of the free right of suffrage in any State. 

Color and Race—Voting Rights Not Affected. 

2004. All citizens of the United States who 
are otherwise qualified by law to vote at any 
election by the people in any State, Territory, 
district, county, city, parish, township, school dis¬ 
trict, municipality, or other territorial subdivision, 
shall be entitled and allowed to vote at all such 
elections, without distinction of race, color, or pre¬ 
vious condition of servitude; any constitution, law, 
custom, usage, or regulation of any State or terri- 


Minority 
of Child 


Intention 
and Oath 


No Race 
or Color 
Distinction 



10 


CALIFORNIA ELECTION LAWS 


Eligibility 


Not Eligible 


Five Years’ 
Residence 


Alien 

Enemies 


Parents 
or Minors 


tory, or by or under its authority, to the contrary 
notwithstanding. 

Persons of African Nativity—White or Colored. 

2169. The provisions of this title shall apply 
to aliens being free white persons, and to aliens 
of African nativity and to persons of African 
descent. 

Chinese Ineligible. 

Hereafter no State court or court of the United 
States shall admit Chinese to citizenship; and all 
laws in conflict with this Act are hereby repealed. 
[Act of May 6, 1882.] 

Length of Residence in the United States. 

2170. No alien shall be admitted to become a 
citizen who has not, for the continued term of 
five years next preceding his admission, resided 
within the United States . 

No Naturalization of Alien Enemies During War. 

2171. No alien who is a native citizen or sub¬ 
ject, or a denizen of any country, state, or sover¬ 
eignty with which the United States are at war, 
at the time of his application, shall be then ad¬ 
mitted to become a citizen of the United States. 

Regulations Governing Children of Naturalized 
Aliens. 

2172. The children of persons who have been 
duly naturalized * under any law of the United 
States, or who, previous to the passing of any law 
on that subject by the Government of the United 
States, may have beeome citizens of any one of 
the States, under the laws thereof, being under 
the age of twenty-one years at the time of the 
naturalization of their parents, shall, if dwelling 
in the United States, be considered as citizens 
thereof; and the children of persons who now 
are, or have been citizens of the United States, 
shall though born out of the limits and jurisdic¬ 
tion of the United States, be considered as citi¬ 
zens thereof. 


CALIFORNIA ELECTION LAWS 


♦ 11 


CHAPTER III. 

SECTIONS OF THE CONSTITUTION OF THE 
STATE OF CALIFORNIA AFFECTING 
ELECTIONS 

Who is Eligible to Vote, Who is Not Eligible 

Section 1. Every native citizen of the United 
States, every person who shall have acquired the 
rights of citizenship under or by virtue of the 
treaty of Queretaro, and every naturalized citizen 
thereof, who shall have become such ninety days 
prior to any election, of the age of twenty-one 
years, who shall have been resident of the State 
one year next preceding the election, and of the 
county in which he or she claims his or her vote 
ninety days, and in the election precinct thirty 
days, shall be entitled to vote at all elections 
which are now or may hereafter be authorized by 
law; provided, no native of China, no idiot, no 
insane person, no person convicted of any infamous 
crime, no person hereafter convicted of the em¬ 
bezzlement or misappropriation of public money, 
and no person who shall not be able to read the 
Constitution in the English language and write his 
or her name, shall ever exercise the privileges of 
an elector in this State; provided, that the pro¬ 
visions of this amendment relative to an educa¬ 
tional qualification shall not apply to any person 
prevented by a physical disability from complying 
with its requisitions, nor to any person who now 
has the right to vote, nor to any person who shall 
be sixty years of age and upwards at the time 
this amendment shall take effect. 

Voters, When Priveleged From Arrest 

Sec. 2. Electors shall in all cases except treason, 
felony, or breach of the peace, be privileged from 
arrest on the days of election, during their attend¬ 
ance at such election, going to and returning there¬ 
from. 

Primary Election Laws Enacted by Legislature 

Sec. 2Y 2 . The Legislature shall have the power 


Length of 
Residence 


Those not 
Eligible 






12 CALIFORNIA ELECTION LAWS 


Powers of 
Legislature 


Primary 

Elections 


Direct 

Primary 

Law 


When 
Residence 
Not Lost 


Secret 

Ballot 


to enact laws relative to the election of delegates 
to conventions of political parties; and the Legis¬ 
lature shall enact laws providing for the direct 
nomination of candidates for public office by elec¬ 
tors, political parties or organizations of electors 
without conventions, at elections to be known and 
designated as primary elections; also to determine 
the tests and conditions upon which electors, polit¬ 
ical parties, or organizations of electors may par¬ 
ticipate in any such primary election. It shall 
also be lawful for the Legislature to prescribe 
that any such primary election shall be mandatory 
and obligatory. The Legislature shall also have 
the power to establish the rates of compensation 
for primary election officers serving at such pri¬ 
mary elections in any city, or city and county, or 
county, or other subdivision of a designated popu¬ 
lation, without making such compensation uniform, 
and for such purpose such law may declare the 
population of any city, city and county, county or 
political subdivision. Provided, however, that, 
until the Legislature shall enact a direct primary 
election law under the provisions of this section, 
the present primary election law shall remain in 
force and effect. 

Exemption from Military Duty on Election Day 

Sec. 3. No elector shall be obliged to perform 
militia duty on the day of election, except in 
time of war or public danger. 

When Residence Does Not Affect Powers of Voters 

Sec. 4. For the purpose of voting, no person 
shall be deemed to have gained or lost a residence 
by reason of his presence or absence while em¬ 
ployed in the service of the United States, nor 
while engaged in the navigation of the waters of 
this State or of the United States, or of the high 
seas; nor while a student at any seminary of 
learning; nor while kept in any almshouse or othei 
asylum, at public expense; nor while confined in 
any public prison. 

Secret Ballot at Elections 

Sec. 5. All elections by the people shall be by 


CALIFORNIA ELECTION LAWS 


13 


ballot, or by such other method as may be pre¬ 
scribed by law; provided, that secrecy in voting 
be preserved. 

Voting Machines Permitted 

Sec. 6. The inhibitions of this Constitution to 
the contrary notwithstanding, the Legislature shall 
have power to provide that in different parts of the 
State different methods may be employed for re¬ 
ceiving and registering the will of the people as 
expressed at elections, and may provide that me¬ 
chanical devices may be used within designated 
subdivisions of the State, at the option of the 
local authority indicated by the Legislature for 
that purpose. 


ARTICLE IV. 

Legislative Powers Vested in Senate and Assembly 
People Reserve Certain Powers 

Sec. 1. The legislative power of this State shall 
be vested in a senate and assembly which shall be 
designated “The legislature of the State of Cali¬ 
fornia/ ’ but the people reserve to themselves the 
power to propose laws and amendments to the con¬ 
stitution, and to adopt or reject the same, at the 
polls independent of the legislature, and also re¬ 
serve the power, at their own option, to so adopt 
or reject any act, or section, or part of any act, 
passed by the legislature. 

The enacting clause of every law shall be “The 
people of the State of California do enact as fol¬ 
lows:” 

Initiative 

The first power reserved to the people shall be 
known as the initiative. Upon the presentation 
to the secretary of state of a petition certified as 
Wpin provided to have been signed by qualified 
sectors, equal in number to eight per cent of all 
the votes cast for all candidates for governor at 
the last preceding election, at which a governor 
was elected, proposing a law or amendment to the 
constitution, set forth in full in said petition, the 


May be 
Used 


Legislature 


Powers of 
People 


Initiative 

Petitions 



When 

Presented to 
Secretary 
of State 


Action 
Within 
Forty Days 


When 
Submitted 
at General 
Election 


May Call 

Special 

Election 


14 CALIFORNIA ELECTION LAWS 

secretary of state shall submit the said proposed 
law or amendment to the constitution to the elect¬ 
ors at the next succeeding general election occur¬ 
ring subsequent to ninety days after the presenta¬ 
tion aforesaid of said petition, or at any special 
election called by the governor in his discretion 
prior to such general election. All such initiative 
petitions shall have printed across the top thereof 
in twelve point black-faced type the following: 
“Initiative measure to be submitted directly to 
the electors. 77 

Presentation of Petition—Procedure 

Upon the presentation to the secretary of state, 
at any time not less than ten days before the 
commencement of any regular session of the legis¬ 
lature, of a petition certified as herein provided 
to have been signed by qualified electors of the 
state equal in number to five per cent of all the 
votes cast for all candidates for governor at the 
last preceding general election, at which a gover¬ 
nor was elected, proposing a law set forth in full 
in said petition, the secretary of state shall trans¬ 
mit the same to the legislature as soon as it con¬ 
venes and organizes. The law proposed by such 
petition shall be either enacted or rejected with¬ 
out change or amendment by the legislature, with¬ 
in forty days from the time it is received by the 
legislature. If any law proposed by such petition 
shall be enacted by the legislature it shall be 
subject to referendum, as hereinafter provided. If 
any law so petitioned for, be rejected, or if no 
action is taken upon it by the legislature within said 
forty days, the secretary of state shall submit it to 
the people for approval or rejection at the next 
ensuing general election. The legislature may re¬ 
ject any measure so proposed by initiative peti¬ 
tion and propose a different one on the same sub¬ 
ject by a yea and nay vote upon separate roll 
call, and in such event both measures shall be sub¬ 
mitted by the secretary of state to the electors 
for approval or rejection at the next ensuing gen¬ 
eral election or at a prior special election called 
by the governor, in his discretion, for such pur¬ 
pose. All said initiative petitions last above de- 


CALIFORNIA ELECTION LAWS 


15 


scribed shall have printed in twelve point black¬ 
face type the following: “Initiative measure to be 
presented to the legislature.” 

Referendum 

The second power reserved to the people shall 
be known as the referendum. No act passed by 
the legislature shall go into effect until ninety days 
after the final adjournment of the session of the 
legislature which passed such act, except acts 
calling elections, acts providing for tax levies or 
appropriations for the usual current expenses of 
the state, and urgency measures necessary for the 
immediate preservation of the public peace, health 
or safety, passed by a two-thirds vote of all the 
members elected to each house. Whenever it is 
deemed necessary for the immediate preservation 
of the public peace, health or safety that a law 
shall go into immediate effect, a statement of the 
facts constituting such necessity shall be set forth 
in one section of the act, which section shall be 
passed only upon a yea and nay vote, upon a sepa¬ 
rate roll call thereon; provided, however, that no 
measure creating or abolishing any office or chang¬ 
ing the salary, term or duties of any officer, or 
granting any franchise or special privilege, or cre¬ 
ating any vested right or interest, shall be con¬ 
strued to be an urgency measure. Any law so 
passed by the legislature and declared to be an 
urgency measure shall go into immediate effect. 

Presentation of Petition—Procedure 

Upon the presentation to the secretary of state 
within ninety days after the final adjournment of 
the legislature of a petition certified as herein 
provided, to have been signed by qualified electors 
equal in number to five per cent of all the votes 
cast for all candidates for governor at the last 
preceding general election at which a governor 
was elected, asking that any act or section or part 
of any *act of the legislature, be submitted to the 
electors for their approval or rejection, the secre¬ 
tary of state shall submit to the electors for their 
approval or rejection, such act, or section or part 


Time 

Allowed 


When in 
Effect 
at Once 


Restrictions 


Urgency 

Measure 


Time 

Allowed for 
Referendum 
Petitions 


16 


CALIFORNIA ELECTION LAWS 


Submitted 
at Next 
General 
Election or 
Special 
Election 

Where 
Portion of 
Act is 
Affected 


In Effect 
in Five 
Days 


No Veto 


Amendment 

by 

Legislature 


Measures 
Printed and 
Distributed 


of such act, at the next succeeding general elec¬ 
tion occurring at any time subsequent to thirty 
days after the filing of said petition or at any 
special election which may be called by the g-ovpr- 
nor, in his discretion, prior to such regular 
tion, and no such act or section or part of such • • ■ „ 
shall go into effect until and unless approved by a 
majority of the qualified electors voting thereon; 
but if a referendum petition is filed against any 
section or part of any act the remainder of such 
act shall not be delayed from going into effect. 

When Measure in Effect—Veto_Amendment 

Any act, law or amendment to the constitution 
submitted to the people by either initiative or ref¬ 
erendum petition and approved by a majority of 
the votes cast thereon, at any election, shall take 
effect five days after the date of the official decla¬ 
ration of the vote by the secretary of state. No 
act, law or amendment to the constitution, initi¬ 
ated or adopted by the people, shall be subject to 
the veto power of the governor, and no act, law 
or amendment to the constitution, adopted by the 
people at the polls under the initiative provisions 
of this section, shall be amended or repealed except 
by a vote of the electors, unless otherwise pro¬ 
vided in said initiative measure; but acts and 
laws adopted by the people under the referendum 
provisions of this section may be amended by the 
legislature at any subsequent session thereof. If 
any provision or provisions of two or more meas¬ 
ures, approved by the electors at the same election, 
conflict, the provision or provisions of the measure 
receiving the highest affirmative vote shall prevail. 
Until otherwise provided by law, all measures sub¬ 
mitted to a vote of the electors, under the pro¬ 
visions of this section, shall be printed, and to¬ 
gether with arguments for and against each such 
measure by the proponents and opponents thereof, 
shall be mailed to each elector in the same manner 
as now provided by law as to amendments to the 
constitution, proposed by the legislature; and the 
persons to prepare and present such arguments 
shall, until otherwise provided by law, be selected 
by the presiding officer of the senate. 


CALIFORNIA FLECTION LAWS 


17 


Failure to Submit to Voters 

If for any reason any initiative or referendum 
™«asure, proposed by petition as herein provided, 
-aula hot submitted at the election specified in this 
t">8e#ftion, such failure shall not prevent its submis¬ 
sion at a succeeding general election, and no law 
or amendment to the constitution, proposed by the 
legislature, shall be submitted at any election un¬ 
less at the same election there shall be submitted 
all measures proposed by petition of the electors, 
if any be so proposed, as herein provided. 

Petitions, Contents—Verification 

Any initiative or referendum petition may be 
presented in sections, but each section shall con¬ 
tain a full and correct copy of the title and text 
of the proposed measure. Each signer shall add 
to his signature his place of residence, giving the 
street and number if such exist. His election 
precinct shall also appear on the paper after his 
name. The number of signatures attached to each 
section shall be at the pleasure of the person 
soliciting signatures to the same. Any qualified 
elector of the state shall be competent to solicit 
said signatures within the county or city and 
county of which he is an elector. Each section of 
the petition shall bear the name of the county or 
city and county in which it is circulated, and only 
qualified electors of such -county or city and 
county shall be competent to sign such section. 
Each section shall have attached thereto the affi¬ 
davit of the person soliciting signatures to the 
same, stating his own qualifications and that all 
the signatures to the attached section were made 
in his presence and that to the best of his knowl¬ 
edge and belief each signature to the section is 
the genuine signature of the person whose name 
it purports to be, and no other affidavit 
thereto shall be required. The affidavit of any 
person soliciting signatures hereunder shall be veri¬ 
fied free of charge by any officer authorized to 
administer oaths. Such petitions so verified shall 
be priina facie evidence that the signatures thereon 
aro genuine and that the persons signing the same 


Failure 
to Submit 


Sections of 
Petition 
What they 
Contain 


Affidavit 


No Fee for 
Verification 


18 


CALIFORNIA ELECTION LAWS 


arc qualified electors. Unless and until it be other¬ 
wise proven upon official investigation, it shall be 
presumed that the petition presented contains the 
signatures of the requisite number of qualified elec¬ 
tors. 


Filing 


Time 

Allowed 


Certificate 
of Clerk 


Sent to 
Secretary 
of State 


Supplemental 

Petitions 


Filing—Duties of Clerk 

Each section of the petition shall be filed with 
the clerk or registrar of voters of the county or 
city and county in which it was circulated, but all 
said sections circulated in any county or city and 
county shall be filed at the same time. Within 
twenty days after the filing of such petition in his 
office the said clerk, or registrar of voters shall 
determine from the records of registration what 
number of qualified electors have signed the same, 
and if necessary the board of supervisors shall 
allow said clerk or registrar additional assistants 
for the purpose of examining such petition and 
provide for their compensation. The said clerk 
or registrar, upon the completion of such examina¬ 
tion, shall forthwith attach to said petition, ex¬ 
cept the signatures thereto appended, his certi¬ 
ficate, properly dated, showing the result of said 
examination and shall forthwith transmit said pe¬ 
tition, together with his said certificate, to the 
secretary of state and also file a copy of said cer¬ 
tificate in his office. Within forty days from the 
transmission of the said petition and certificate 
by the clerk or registrar to the secretary of state, 
a supplemental petition identical with the original 
as to the body of the petition but containing sup¬ 
plemental names, may be filed with the clerk or 
registrar of voters, as aforesaid. The clerk or 
registrar of voters shall within ten days after the 
filing of such supplemental petition make like 
examination thereof, as of the original petition, 
and upon the completion of such examination shall 
forthwith attach to said petition his certificate, 
properly dated, showing the result of said examina¬ 
tion, and shall forthwith transmit a copy of said 
supplemental petition, except the signature thereto 
appended; together with his certificate, to the secre¬ 
tary of state. 




CALIFORNIA ELECTION LAWS 


10 


Duty of Secretary of State 

When the secretary of state shall have received 
from one or more county clerks or registrars of 
voters a petition certified as herein provided to 
have been signed by the requisite number of quali¬ 
fied electors, he shall forthwith transmit to the 
county clerk or registrar of voters of every county 
or city and county in the state his certificate 
showing such fact. A petition shall be deemed to 
be filed with the secretary of state upon the date 
of the receipt by him of a certificate or certificates 
showing said petition to be signed by the requisite 
number of electors of the state. Any county clerk 
or registrar of voters shall, upon receipt of such 
copy, file the same for record in his office. 

When Registrar Acts for Clerk 

The duties herein imposed upon the clerk or 
registrar of voters shall be performed by such 
registrar of voters in all cases where the office 
of registrar of voters exists. 

Initiative and Referendum in Cities and Counties 
—Effect of Charters 

The initiative and referendum powers of the 
people are hereby further reserved to the electors 
of each county, city and county, city and town 
of the state, to be exercised under such procedure 
as may be provided by law. Until otherwise pro¬ 
vided by law, the legislative body of any such 
county, city and county, city or town may provide 
for the manner of exercising the initiative and 
referendum powers herein reserved to such coun¬ 
ties, cities and counties, cities and towns, but 
shall not require more than fifteen per cent of the 
electors thereof to propose any initiative measure 
nor more than ten per cent of the electors thereof 
to order the referendum. Nothing contained in 
this section shall be construed as affecting or 
limiting the present or future powers of cities or 
cities and counties having charters adopted under 
the provisions of section eight of article eleven 
of this constitution. 


Certificate 
of Secretary 
of State 


Referendum 
in Counties 
and Cities 


Forty 

Senatorial 

Eighty 

Assembly 

Districts 


No Division 
of County 
Unless it 
has 

Population 
for more 
than One 
District 

U. S. Census 
Basis of 
Forming 
Districts 


20 CALIFORNIA ELECTION LAWS 

General Laws Apply 

In the submission to the electors of any measure 
under this section, all officers shall be guided by 
the general laws of this state, except as is herein 
otherwise provided. 

Additional Legislation 

This section is self-executing, but legislation may 
be enacted to facilitate its operation, but in no 
way limiting or restricting either the provisions 
of this section or the powers herein reserved. 

State Divided Into Senatorial and Assembly Dis¬ 
tricts 

Sec. 6. For the purpose of choosing members 
of the legislature, the state shall be divided into 
forty senatorial and eighty assembly districts, as 
nearly equal in population as may be, and com¬ 
posed of contiguous territory, to be called sena¬ 
torial and assembly districts. Each senatorial dis¬ 
trict shall choose one senator, and each assembly 
district shall choose one member of assembly. The 
senatorial districts shall be numbered from one 
to forty, inclusive, in numerical order, and the 
assembly districts shall be numbered from one to 
eighty in the same order, commencing at the 
northern boundary of the state and ending at the 
southern boundary thereof. In the formation of 
such districts no county, or city and county, shall 
be divided, unless it contains sufficient population 
within itself to form two or more districts, nor 
shall a part of any county, or of any city and 
county, be united with any other county, or city 
and county, in forming any district. The census 
taken under the directions of the congress of the 
United States in the year one thousand eight hun¬ 
dred and eighty, and every ten years thereafter, 
shall be the basis of fixing and adjusting the 
legislative districts and the legislature shall, at 
its first session after each census, adjust such dis¬ 
tricts and reapportion the representation so as to 
preserve them as near equal in population as may 
be. But in making such adjustments no persons 
who are not eligible to become citizens of the 



CALIFORNIA ELECTION LAWS 


21 


United States, under tlie naturalization laws, 
shall be counted as forming a part of the popula¬ 
tion of any district. Until such districting as 
herein provided for shall be made, senators and 
assemblymen shall be elected by the districts ac¬ 
cording to the apportionment now provided for 
by law. 

Embezzlers Can Not Hold Office—Penalty Provided 

Sec. 21. No person convicted of the embezzle¬ 
ment or defalcation of the public funds of the 
United States, or of any state, or of any county 
or municipality therein, shall ever be eligible to 
any office of honor, trust, or profit under this 
state, and the legislature shall provide, by law, 
for the punishment of embezzlement or defalcation 
as a felony. 

State Divided Into Congressional Districts 

Sec. 27. When a congressional district shall be 
composed of two or more counties, it shall not be 
separated by any county belonging to another dis¬ 
trict. No county, or city and county, shall be 
divided in forming a congressional district so as to 
attach one portion of a county, or city and county, 
to another county, or city and county, except in 
cases where one county, or city and county, has 
more population than the ratio required for one 
or more congressmen; but the legislature may 
divide any county, or city and county, into as 
many congressional districts as it may be entitled 
to by law. Any county, or city and county con¬ 
taining a population greater than the number re¬ 
quired for one congressional district, shall be 
formed into one or more congressional districts, 
according to the population thereof, and any res¬ 
idue, after forming such district or districts, shall 
be attached, by compact adjoining assembly dis¬ 
tricts, to a contiguous county or counties, and 
form a congressional district. In dividing a 
county, or city and county, into congressional dis¬ 
tricts, no assembly district shall be divided so as 
to form a part of more than one congressional dis¬ 
trict, and every such congressional district shall 
be composed of compact contiguous assembly dis¬ 
tricts. 


Embezzle¬ 
ment a 
Felony 


Congres¬ 

sional 

Districts 


More than 
One District 
in County 


22 


CALIFORNIA ELECTION LAWS 


Fifteen 

Freeholders 

General or 

Special 

Election 


When by 
Petition 


County 

Clerk 

Examines 


Clerk’s 

Certificate 


ARTICLE XI. 

County Charters—Approval of Legislature 

Sec. 7%. Any county may frame a charter for 
its own government consistent with and subject 
to the constitution (or, having framed such a char¬ 
ter, may frame a new one), and relating to matters 
authorized by provisions of the Constitution, 
by causing a board of fifteen freeholders, who 
have been for at least five years qualified 
electors thereof, to be elected by the qualified 
electors of said county, at a general or special 
election. Said board of freeholders may be so 
elected in pursuance of an ordinance adopted by 
the vote of three-fifths of all the members of the 
board of supervisors of such county, declaring that 
the public interest requires the election of such 
board for the purpose of preparing and proposing 
a charter for said county, or in pursuance of a 
petition of qualified electors of said county as 
hereinafter provided. Such petition, signed by 
fifteen per centum of the qualified electors of said 
county, computed upon the total number of votes 
cast therein for all candidates for governor at the 
last preceding general election at which a gover¬ 
nor was elected, praying for the election of a board 
of fifteen freeholders to prepare and propose a 
charter for said county, may be filed in the office 
of the county clerk. It shall be the duty of said 
county clerk, within twenty days after the filing 
of said petition, to examine the same, and to ascer¬ 
tain from the record of the registration of elect¬ 
ors of the county, w r hether said petition is signed 
by the requisite number of qualified electors. If 
required by said clerk, the board of supervisors 
shall authorize him to employ persons specially 
to assist him in the work of examining such peti¬ 
tion, and shall provide for their compensation. 
Upon the completion of such examination, said 
clerk shall forthwith attach to said petition his 
certificate, properly dated, showing the result there¬ 
of, and if, by said certificate, it shall appear that 
said petition is signed by the requisite number 
of qualified electors, said clerk shall immediately 
present said petition to the board of supervisors, 




CALIFORNIA ELECTION LAWS 


23 


if it be in session, otherwise at its next regular 
meeting after the date of such certificate. Upon 
the adoption of such ordinance, or the presentation 
of such petition, said board of supervisors shall 
order the holding of a special election for the pur¬ 
pose of electing such board of freeholders, which 
said special election shall be held not less than 
twenty days nor more than sixty days after the 
adoption of the ordinance aforesaid or the presen¬ 
tation of said petition to said board of supervisors; 
provided, that if a general election shall occur 
in said county not less than twenty days nor more 
than sixty days after the adoption of the ordi¬ 
nance aforesaid, or such presentation of said peti¬ 
tion to said board of supervisors, said board of 
freeholders may be elected at such general elec¬ 
tion. Candidates for election as members of said 
board of freeholders shall be nominated by peti¬ 
tion, substantially in the same manner as may be 
provided by general law for the nomination, by 
petition of electors, of candidates for county 
offices, to be voted for at general elections. 

Charter Elections—Filing, Publication and Posting 
of Proposed Charters—Ratification 

It shall be the duty of said board of freeholders, 
within one hundred and twenty days after the re¬ 
sult of such election shall have been declared by 
said board of supervisors, to prepare and propose 
a charter for said county, which shall be signed 
in duplicate by the members of said board of free¬ 
holders, or a majority of them, and be filed, one 
copy in the office of the county clerk of said 
county and the other in the office of the county re¬ 
corder thereof. Said board of supervisors shall 
thereupon cause said proposed charter to be pub¬ 
lished for at least ten times in a daily newspaper 
of general circulation, printed, published and cir¬ 
culated in said county; provided, that in any 
county where no such daily newspaper is printed, 
published and circulated, such proposed charter 
shall be published for at least three times in at 
least one weekly newspaper, of general circulation, 
printed, published and cireulated in such county; and 
provided, that in any county where neither §uch daily 


Special 
Election 
When held 


When 

General 

Election 


Candidates 


Board of 

Freeholders’ 

Duties 


Filing 


Publication 
of Proposed 
Charter 


24 


CALIFORNIA ELECTION LAWS 


When 

Posted 


How soon 
Published 


Charter 
Election 
How soon 
Held 


How 

Ratified 


Legislature 
Must 
Approve 
or Reject 

Majority 

Vote 


Filed in 
Office of 
Secretary 
of State 


nor such weekly newspaper is printed, published and 
circulated, a copy of such proposed charter shall be 
posted by the county clerk in three public places in 
said county, and on or near the entrance to at least 
one public school house in each school district in said 
county, and the first publication or the posting of 
such proposed charter shall be made within fifteen 
days after the filing of a copy thereof, as aforesaid, 
in the office of the county clerk. Said proposed 
charter shall be submitted by said board of su¬ 
pervisors to the qualified electors of said county 
at a special election held not less than thirty 
days nor more than sixty days after the comple¬ 
tion of such publication, or after such posting; 
provided, that if a general election shall occur in 
said county not less than thirty days nor more 
than sixty days after the completion of such pub¬ 
lication, or after such posting, then such proposed 
charter may be so submitted at such general elec¬ 
tion. If a majority of said qualified electors, 
voting thereon at such general or special election, 
shall vote in favor of such proposed charter it 
shall be deemed to be ratified, and shall be forth¬ 
with submitted to the legislature, if it be in regu¬ 
lar session, otherwise at its next regular session, 
or it may be submitted to the legislature in extra¬ 
ordinary session, for its approval or rejection as 
a whole, without power of alteration or amend¬ 
ment. Such approval may be made by concurrent 
resolution, and if approved by a majority vote of 
the members elected to each house, such charter 
shall become the charter of such county and shall 
become the organic law thereof relative to the 
matters therein provided, and supersede any exist¬ 
ing charter framed under the provisions of this 
section, and all amendments thereof, and shall 
supersede all laws inconsistent with such charter 
relative to the matters provided in such charter. 
A copy of such charter, certified and authenticated 
by the chairman and clerk of the board of su¬ 
pervisors under the seal of said board and attested 
by the county clerk of said county, setting forth 
the submission of such charter to the electors of 
said county, and its ratification by them, shall, 
after the approval of such charter by the legisla- 


CALIFORNIA ELECTION LAWS 


25 


ture, be made in duplicate, and filed, one in the 
office of the secretary of state and the other, after 
being recorded in the office of the recorder of said 
county, shall be filed in the office of the county clerk 
thereof, and thereafter all courts shall take judicial 
notice of said charter. 

Amendments—Ratification 

The charter, so ratified, may be amended by pro¬ 
posals therefor submitted by the board of super¬ 
visors of the county to the qualified electors 
thereof at a general or special election held not 
less than thirty days nor more than sixty days 
after the publication of such proposals for ten 
times in a daily newspaper of general circulation, 
printed, published and circulated in said county; 
provided, that in any county where no such delay 
newspaper is printed, published and circulated, 
such proposed charter shall be published for at 
least three times in at least one weekly newspaper, 
of general circulation, printed, published, and 
circulated in such county; provided, that in any 
county where neither such daily nor such weekly 
newspaper is printed, published and circulated, a 
copy of such proposed charter shall be posted by 
the county clerk in three public places in said 
county, and on or near the entrance to at least 
one public school house in each school district in 
said county. If a majority of such qualified elect¬ 
ors voting thereon, at such general or special elec¬ 
tion, shall vote in favor of any such proposed 
amendment or amendments, or any amendment or 
amendments proposed by petition as hereinafter 
provided, such amendment or amendments shall be 
deemed to be ratified, and shall be forthwith sub¬ 
mitted to the legislature, if it be in regular ses¬ 
sion, otherwise at its next regular session, or may 
be submitted to the legislature in extraordinary 
session, for approval or rejection as a whole, with¬ 
out power of alteration or amendment, and if ap¬ 
proved by the legislature, as herein provided for 
the approval of the charter, such charter shall be 
amended accordingly. A copy of such amend¬ 
ment or amendments shall, after the approval 
thereof by the legislature, be made in duplicate, 


Recorded 

Filed in 
Office of 
Clerk 


How 

Amended 


Publication 


When 
Posted 
and Where 


How 

Ratified 


Legislature 
Must 
Approve 
or Reject 

Recorded 
and Filed 
as Charter 


Petition 

Proposing 

Amend¬ 

ments 


Clerk's 

Certificate 


General or 

Special 

Election 


Alternative 

Propositions 


Election 

Ordinance 


2 C> CALIFORNIA ELECTION LAWS 

and shall be authenticated, certified, recorded and 
filed as herein provided for the charter, and with 
like force and effect. Whenever a petition signed 
by ten per centum of the qualified electors of any 
county, computed upon the total number of votes 
cast in said county for all candidates for gover¬ 
nor at the last general election, at which a gover¬ 
nor was elected, is filed in the office of the county 
clerk of said county, petitioning the board of su¬ 
pervisors thereof to submit any proposed amend¬ 
ment or amendments to the charter of such county, 
which amendment or amendments shall be set 
forth in full in such petition, to the qualified elect¬ 
ors thereof, such petition shall forthwith be ex¬ 
amined and certified by the county clerk, and if 
signed by the requisite number of qualified elect¬ 
ors of such county, shall be presented to the said 
board of supervisors, by the said county clerk, as 
hereinbefore provided for petitions for the election 
of boards of freeholders. Upon the presentation 
of said petition to said board of supervisors, said 
board must submit the amendment or amendments 
set forth therein to the qualified electors of said 
county, at a general or special election held not 
less than thirty days nor more than sixty days 
after the publication or posting of such proposed 
amendment or amendments in the same manner as 
hereinbefore provided in the case of the submis¬ 
sion of any proposed amendment or amendments 
to such charter, proposed and submitted by the 
board of supervisors. In submitting any such 
charter, or amendments thereto, any alternative 
article or proposition may be presented for the 
choice of the electors, and may be voted on sepa¬ 
rately without prejudice to others. 

Elections, How Called and Held 

Every special election held under the provisions 
of this section, for the election of boards of free¬ 
holders or for the submission of proposed charters, 
or any amendment or amendments thereto, shall 
be called by the board of supervisors, by ordinance, 
which shall specify the purpose and time of such 
election and shall establish the election precincts 
and designate the polling places therein, and the 


CALIFORNIA ELECTION LAWS 


27 


names of the election officers for each such precinct. 
Such ordinance, prior to such election, shall be 
published five times in a daily newspaper, or twice 
in a weekly newspaper, if there be no such daily 
newspaper, printed, published and circulated in 
said county; provided, that if no such daily or 
weekly newspaper be printed or published in such 
county, then a copy of such ordinance shall be 
posted by the county clerk in three public places 
in such county and in or near the entrance to at 
least one public school house in each school dis¬ 
trict therein. In all other respects, every such 
election shall be held and conducted, the returns 
thereof canvassed and the result thereof declared 
by the board of supervisors in the same manner 
as provided by law for general elections. When¬ 
ever boards of freeholders shall be elected, or 
any such proposed charter, or amendment or 
amendments thereto, submitted, at a general elec¬ 
tion, the general laws applicable to the election 
of county officers and the submission of proposi¬ 
tions to the vote of electors, shall be followed 
in so far as the same may be applicable thereto. 


Publication 


When 
Posted 
and Where 


General 

Laws 

Followed 


Provisions in Charters 

It shall be competent, in all charters, framed 
under the authority given by this section to pro¬ 
vide, in addition to any other provisions allowable 
by this constitution, and the same shall provide, 
for the following matters: 

1. For boards of supervisors and for the con¬ 
stitution, regulation and government thereof, for 
the times at which and the terms for which the 
members of said board shall be elected, for the 
number of members, not less than three, that 
shall constitute such boards, for their compensa¬ 
tion and for their election, either by the electors 
of the counties at large or by districts; provided, 
that in any event said board shall consist of one 
member for each district, who must be a qualified 
elector thereof; and 

2. For sheriffs, county clerks, treasurers, re¬ 
corders, license collectors, tax collectors, public 
administrators, coroners, surveyors, district at- 


How 
Charter 
may affect 
Boards of 
Supervisors 


28 


CALIFORNIA ELECTION LAWS 


Other 

Public 

Officers 


Judicial 

Township 

Officers 


Affecting 
Powers of 
Officers 


Municipal 
Functions 
Discharged 
by County 
Officials 


Appoint 

ments 


torneys, auditors, assessors and superintendents 
of schools, for the election or appointment of 
said officers, or any of them, for the times at 
which and the terms for which, said officers shall 
be elected or appointed, and for their compensa¬ 
tion, or for the fixing of such compensation by 
boards of supervisors, and, if appointed, for the 
manner of their appointment; and 

3. For the number of justices of the peace and 
constables for each township, or for the number 
of such judges and other officers of such inferior 
courts as may be provided by the constitution or 
general law, for the election or appointment of 
said officers, for the times at which and the terms 
for which said officers shall be elected or ap¬ 
pointed, and for their compensation, or for the 
fixing of such compensation by boards of super¬ 
visors, and if appointed, for the manner of their 
appointment; and 

4. For the powers and duties of boards of su¬ 
pervisors and all other county officers, for their 
removal and for the consolidation and segregation 
of county offices, and for the manner of filling all 
vacancies occurring therein; provided, that the 
provisions of such charters relating to the powers 
and duties of boards of supervisors and all other 
county officers shall be subject to and controlled 
by general laws; and 

4%. For the assumption and discharge by county 
officers of certain of the municipal functions of the 
cities and towns within the county, whenever, in the 
case of cities and towns incorporated under general 
laws, the discharge by county officers of such mu¬ 
nicipal functions is authorized by general law, or 
whenever, in the case of cities and towns organized 
under section 8 of this article, the discharge by 
county officers of such municipal functions is au¬ 
thorized by provisions of the Charters, or by amend¬ 
ments thereto, of such cities or towns. 

5. For the fixing and regulation by boards of 
supervisors, by ordinance, of the appointment and 
number of assistants, deputies, clerks, attaches and 
other persons to be employed, from time to time, 
in the several offices of the county, and for the 


CALIFORNIA ELECTION LAWS 


29 


prescribing and regulating by such boards of the 
[towers, duties, qualifications and compensation of 
such persons, the times at which, and terms for 
which they shall be appointed, and the manner of 
their appointment and removal; and 

6. For the compensation of such fish and game 
wardens, probation and other officers as may be 
provided by general law, or for the fixing of such 
compensation by boards of supervisors. 

All elective officers of counties and of town¬ 
ships, of road districts and of highway construc¬ 
tion divisions therein shall be nominated and 
elected in the manner provided by general laws 
for the nomination and election of such officers. 

All charters framed under the authority given 
by this section, in addition to the matters herein 
above specified, may provide as follows: 

For officers other than those required by the 
constitution and laws of the state, or for the 
creation of any or all of such offices by boards of 
supervisors, for the election or appointment of 
persons to fill such offices for the manner of such 
appointment, for the times at which and the terms 
for which such persons shall be so elected or ap¬ 
pointed, and for their compensation, or for the 
fixing of such compensation by boards of super¬ 
visors. 

For offices hereafter created by this constitution 
or by general law, for the election or appointment 
of persons to fill such offices, for the manner of 
such appointment, for the times at which and the 
terms for which such persons shall be so elected 
or appointed, and for their compensation or for 
the fixing of such compensation by boards of su¬ 
pervisors. 

For the formation, in such counties, of road dis¬ 
tricts for the care, maintenance, repair, inspection 
and supervision only of roads, highways and 
bridges; and for the formation, in such counties, 
of highway construction divisions for the con¬ 
struction only of roads, highways and bridges; for 
the inclusion in any such district or division, of 
the whole or any part of any incorporated city or 
town, upon ordinance passed by such incorporated 


Elective 

Officers 


New 

Officers 


Election or 
Appointment 


Formation 
of Districts 


Special 

Election 


Additional 

Powers 


Election to 
Incur 
Indebted¬ 
ness 


Bonds 


What 
Control by 
Legislature 


30 CALIFORNIA ELECTION LAWS 

city or town authorizing the same, and upon the 
assent to such inclusion by a majority of the 
qualified electors of such incorporated city or town, 
or portion thereof, proposed to be so included, at 
an election held for that purpose; for the organiza¬ 
tion, government, powers and jurisdiction of such 
districts and divisions, and for raising revenue 
therein, for such purposes, by taxation, upon the 
assent of a majority of the qualified electors of 
such districts or divisions, voting at an election to 
be held for that purpose; for the incurring of in¬ 
debtedness therefor by such counties, districts or 
divisions for such purposes respectively, by the 
issuance and sale, by the counties, of bonds of 
such counties, districts or divisions, and the ex¬ 
penditure of the proceeds of the sale of such bonds, 
and for levying and collecting taxes against the 
property of the counties, districts or divisions, as 
the case may be, for the payment of the principal 
and interest of such indebtedness at maturity; 
provided, that any such indebtedness shall not be 
incurred without the assent of two-thirds of the 
qualified electors of the county, district or division, 
as the case may be, voting at an election to be 
held for that purpose, nor unless before or at the 
time of incurring such indebtedness provision shall 
be made for the collection of an annual tax suffi¬ 
cient to pay the interest on such indebtedness as 
it falls due, and also for a sinking fund for the 
payment of the principal thereof on or before 
maturity, which shall not exceed forty years from 
the time of contracting the same, and the pro¬ 
cedure for voting, issuing and selling such bonds 
shall, except in so far as the same shall be pre¬ 
scribed in such charters, conform to general laws 
for the authorizing and incurring by counties of 
bonded indebtedness, so far as applicable; pro¬ 
vided, further, that provisions in such charters for 
the construction, care, maintenance, repair, in¬ 
spection and supervision of roads, highways and 
bridges for which aid from the state is granted, 
shall be subject to such regulations and condi¬ 
tions as may be imposed by the legislature. 


CALIFORNIA ELECTION LAWS 


O 

«> 


L 


When Charter Prevails 

Whenever any county has framed and adopted 
a charter, and the same shall have been approved 
by the legislature, as herein provided, the general 
laws adopted by the legislature in pursuance of 
sections 4 and 5 of this article, shall, as to such 
county, be superseded by said charter as to 
matters for which, under this section it is 
competent to make provision in such charter, and 
for which provision is made therein, except as 
herein otherwise expressly provided; and except 
that any such charter shall not affect the tenure 
of office of the elective officers of the county, or 
of any district, township or division thereof, in 
office at the time such charter goes into effect, 
and such officers shall continue to hold their re¬ 
spective offices until the expiration of the term 
for which they shall have been elected, unless 
sooner removed in the manner provided by law. 
Surrender and Annulling of Charters 

The charter of any county, adopted under the 
authority of this section, may be surrendered and 
annulled with the assent of two-thirds of the qual¬ 
ified electors of such county, voting at a special 
election, held for that purpose, and to be ordered 
and called by the board of supervisors of the 
county upon receiving a written petition, signed 
and certified as hereinabove provided for the pur¬ 
poses of the adoption of charters, requesting said 
board to submit the question of the surrender 
and annulment of such charter to the qualified 
electors of such county, and, in the event of the 
surrender and annulment of any such charter, 
such county shall thereafter be governed under 
general laws in force for the government of 
counties. 


When 

Charter 

Prevails 


No Removal 
of Elective 
Officers 
During 
T erms 


Special 
Election 
to Annul 
Charter 


Affect on Consolidated City and County 

The provisions of this section shall not be ap¬ 
plicable to any county that is consolidated with 
any city. 

City Charters—Approval of Legislature 

Sec. 8. Any city or city and county containing 
a population of more than three thousand five hun- 



Census 

Population 

of 

Thirty-five 

Hundred 

Necessary 

Fifteen 

Freeholders 

General or 

Special 

Election 


Verification 


General 

Laws 

Apply 


Time 

Allowed 


Extension 


32 CALIFORNIA ELECTION LAWS 

dred inhabitants, as ascertained by the last preced¬ 
ing census taken under the authority of the Congress 
of the United States or of the Legislature of Cal¬ 
ifornia, may frame a Charter for its own govern¬ 
ment, consistent with and subject to this Constitu¬ 
tion; and any city, or city and county having 
adopted a Charter may adopt a new one. Any such 
Charter shall be framed by a Board of fifteen Free¬ 
holders chosen by the electors of such city at any 
general or special election, but no person shall be 
eligible as a candidate for such board unless he shall 
have been, for the five years next preceding, an 
elector of said city. An election for choosing free¬ 
holders may be called by a two-thirds vote of the 
legislative body of such city, and, on presentation 
of a petition signed by not less than fifteen per cent 
of the registered electors of such city, the legisla¬ 
tive body shall call such election at any time not 
less than thirty nor more than sixty days from date 
of the filing of the petition. Any such petition 
shall be verified by the authority having charge of 
the registration records of such city or city and 
county and the expenses of such verification, shall 
be provided by the legislative body thereof. Can¬ 
didates for the office of freeholders shall be nomi¬ 
nated either in such manner as may be provided for 
the nomination of officers of the municipal govern¬ 
ment or by petition, substantially in the same man¬ 
ner as may be provided by general law r s for the 
nomination by petition of electors of candidates for 
public offices to be voted for at general elections. 

Charter Elections, Filing—Publication of Proposed 
Charters—Ratification 

The Board of Freeholders shall, within one hun¬ 
dred and twenty days after the result of the election 
is declared, prepare and propose a charter for the 
government of such city; but the said period of one 
hundred and twenty da} r s may with the consent of 
the legislative body of such city be extended by 
such board not exceeding a total of sixty days. The 
Charter so prepared shall be signed by a majority 
of the Board of Freeholders and filed in the office 
of the Clerk of the legislative body of said city. 


CALIFORNIA ELECTION LAWS 33 

The legislative body of said city shall within fifteen 
days after such filing cause such Charter to be pub¬ 
lished once in the official paper of said city; (or in 
case there be no such paper, in a paper of general 
circulation); and shall cause copies of such Charter 
to be printed in convenient pamphlet form, and 
shall, until the date fixed for the election upon such 
Charter, advertise in one or more papers of general 
circulation published in said city a notice that such 
copies may be had upon application therefor. Such 
Charter shall be submitted to the electors of such 
city at a date to be fixed by the Board of Freehold¬ 
ers, before such filing and designated on such Char¬ 
ter, either at a special election held not less than 
sixty days from the completion of the publication 
of such Charter as above provided, or at the general 
election next following the expiration of said sixty 
days. If a majority of the qualified voters voting 
thereon at such general or special election shall vote 
in favor of such proposed Charter, it shall be deemed 
to be ratified, and shall be submitted to the Legisla¬ 
ture, if then in session, or at the next regular or 
special session of the Legislature. The Legislature 
shall by concurrent resolution approve or reject such 
Charter as a whole, without power of alteration or 
amendment; and if approved by a majority of the 
members elected to each house it shall become the 
organic law of such city or city and county, and 
supersede any existing Charter and all laws incon¬ 
sistent therewith. One copy of the Charter so rati¬ 
fied and approved shall, be filed with the Secretary 
of State, one with the Recorder of the county in 
which such city is located, and one in the archives 
of the city; and thereafter the courts shall take ju¬ 
dicial notice of the provisions of such Charter. 

Amendments—Ratification 

The Charter of any city or city and county may be 
amended by proposals therefor Submitted by the 
legislative body of the city on its own motion or on 
petition signed by fifteen per cent of the registered 
electors, or both. Such proposals shall be submitted 
to the electors only during the six months next pre¬ 
ceding a regular session of the Legislature or there¬ 
after and before the final adjournment of that ses- 


Publication 


Special or 

General 

Election 


Approval or 
Rejection by 
Legislature 


Filed and 
Recorded 


15 % 

Petition 


When 

Filed 


Verification 


Date of 
Election 


Approval or 
Rejection by 
Legislature 


Which 

Prevails 


34 CALIFORNIA ELECTION LAWS 

sion and at either a special election called for that 
purpose or at any general or special election. Peti¬ 
tions for the submission of any amendment shall be 
filed with the legislative body of the city or city 
and county not less than sixty days prior to the 
general election next preceding a regular session of 
the Legislature. The signatures on such petitions 
shall be verified by the authority having charge of 
the registration records of such city or city and 
county, and the expenses of such verification shall 
be provided by the legislative body thereof. If 
such petitions have a sufficient number of signatures 
the legislative body of the city or city and county 
shall so submit the amendment or amendments so 
proposed to the electors. Amendments proposed by 
the legislative body and amendments proposed by 
petition of the electors may be submitted at the 
same election. The amendments so submitted shall 
be advertised in the same manner as herein provided 
for the advertisement of a proposed Charter, and 
the election thereon held at a date to be fixed by 
the legislative body of such city, not less than forty 
and not more than sixty days after the completion 
of the advertising in the official paper. If a ma¬ 
jority of the qualified voters voting on any such 
amendment vote in favor thereof it shall be deemed 
ratified, and shall be submitted to the Legislature 
at the regular session next following such election; 
and approved or rejected without power of altera¬ 
tion in the same manner as herein provided for the 
approval or rejection of a Charter. In submitting 
any such Charter or amendment separate proposi¬ 
tions, whether alternative or conflicting, or one in¬ 
cluded within the other, may be submitted at the 
same time to be voted on by the electors separately, 
and, as between those so related, if more than one 
receive a majority of the votes, the proposition re¬ 
ceiving the larger number of votes shall control as 
to all matters in conflict. It shall be competent in 
any Charter framed under the authority of this sec¬ 
tion to provide that the municipality governed 
thereunder may make and enforce all laws and regu¬ 
lations in respect to municipal affairs, subject only 
to the restrictions and limitations provided in their 
several Charters and in respect to other matters 


CALIFORNIA ELECTION LAWS 


35 


they shall be subject to general laws. It shall be 
competent in any Charter to provide for the division 
of the city or city and county governed thereby 
into boroughs or districts, and to provide that each 
such borough or district may exercise such general 
or special municipal powers, and to be administered 
in such manner, as may be provided for each such 
borough or district in the Charter of the city or 
city and county. 

The percentages of the registered electors herein 
required for the election of freeholders or the sub¬ 
mission of amendments to Charters shall be calcu¬ 
lated upon the total vote cast in the city or city 
and county at the last preceding general State elec¬ 
tion; and the qualified electors shall be those whose 
names appear upon the registration records of the 
same or preceding year. The election laws of such 
city or city and county shall, so far as applicable, 
govern all elections held under the authority of this 
section. 

City Charters—What They Provide 

Sec. 8%. It shall be competent, in all Charters 
framed under the authority given by section 8 of 
this article, to provide, in addition to those provi¬ 
sions allowable by this Constitution and by the laws 
of the State as follows: 

1.* For the constitution, regulation, government, 
and jurisdiction of Police Courts, and for the man¬ 
ner in which, the times at which, and the terms for 
which the judges of such courts shall be elected or 
appointed, and for the qualifications and compensa¬ 
tion of said judges and of their clerks and attaches; 
and for the establishment, constitution, regulation, 
government and jurisdiction of Municipal Courts, 
with such civil and criminal jurisdiction as by law 
may be conferred upon inferior courts; and for the 
manner in which, the times at which, and the terms 
for which the judges of such courts shall be elected or 
appointed, and for the qualifications and compensa¬ 
tion of said judges and of their clerks and attaches; 
provided, such Municipal Courts shall never be de¬ 
prived of the jurisdiction given inferior courts 
created by general law. 


Boroughs 


Percentages 


Police 

Courts 




36 


CALIFORNIA ELECTION LAWS 


Boards of 
Education 


Police 

Commis¬ 

sioners 


Elections 


Superior 

Judges 

Excepted 


In any city or any city and county, when such 
Municipal Court has been established, there shall be 
no other court inferior to the Superior Court; and 
pending actions, trials, and all pending business of 
inferior courts within the territory of such city or 
city and county, upon the establishment of any such 
Municipal Court, shall be and become pending in 
such Municipal Court, and all records of such in¬ 
ferior courts shall thereupon be and become the 
records of such Municipal Court. 

2. For the manner in which, the times of which, 
and the terms for which the members of Boards of 
Education shall be elected or appointed, for their 
qualifications, compensation and removal, and for 
the number which shall constitute- any one of such 
boards. 

3. For the manner in which, the times at which 
and the terms for which the members of the Boards 
of Police Commissioners shall be elected or ap¬ 
pointed; and for the constitution, regulation, com¬ 
pensation, and government of such boards and of 
the municipal police force. 

4. For the manner in which and the times at 
which any municipal election shall be held and the 
result thereof determined; for the manner in which, 
the times at which and the terms for which the 
members of all Boards of Election shall be elected 
or appointed, and for the constitution, regulation, 
compensation and government of such boards, 'and 
of their clerks and attaches, and for all expenses in¬ 
cident to the holding of any election. 

It shall be competent in any Charter framed in 
accordance with the provisions of this section, or 
section 8 of this article, for any city or consolidated 
city and county, and plenary authority is hereby 
granted, subject only to the restrictions of this 
article, to provide therein or by amendment thereto, 
the manner in which, the method by which, the 
times at which, and the terms for which the several 
county and municipal officers and employees whose 
compensation is paid by such city or city and 
county, excepting Judges of the Superior Court, shall 
be elected or appointed, and for their recall and 
removal, and for their compensation, and for the 
number of deputies, clerks and other employes that 


CALIFORNIA ELECTION LAWS 


37 


each shall have, and for the compensation, method 
of appointment, qualifications, tenure of office and 
removal of such deputies, clerks and other em¬ 
ployees. All provisions of any Charter of any such 
city or consolidated city and county, heretofore 
adopted, and amendments thereto, which are in ac¬ 
cordance herewith, are hereby confirmed and de¬ 
clared valid. 

. 5. It shall be competent in any Charter or amend¬ 
ment thereof, which shall hereafter be framed under 
the authority given by section 8 of this article, by 
any city having a population in excess of 50,000 as¬ 
certained as prescribed by said section 8, to pro¬ 
vide for the separation of said city from the county 
of which it has theretofore been a part and the for¬ 
mation of said city into a consolidated city and 
county to be governed by such Charter, and to have 
combined powers of a city and county, as provided 
in this Constitution for consolidated city and county 
government, and further to prescribe in said Charter 
the date for the beginning of the official existence 
of said consolidated city and county. 

It shall also be competent for any such city, not 
having already consolidated as a city and county 
to hereafter frame, in the manner prescribed in sec¬ 
tion 8 of this article, a Charter providing for a city 
and county government, in which Charter there shall 
be prescribed territorial boundaries which may in¬ 
clude contiguous territory not included in such city, 
which territory, however, must be included in the 
county within which such city is located. 

If no additional territory is proposed to be added, 
then, upon the consent to the separation of any such 
city from the county in which it is located, being 
given by a majority of the qualified electors voting 
thereon in such county and upon the ratification of 
such Charter by a majority of the qualified electors 
voting thereon in such city, and the approval 
thereof by the Legislature, as prescribed in section 
8 of this article, said Charter shall be deemed 
adopted and upon the date fixed therein said city 
shall be and become a consolidated city and county. 

If additional territory which consists wholly of 
only one incorporated city or town, or which con¬ 
sists wholly of unincorporated territory, is proposed 


Consolidated 
City and 
County 


Boundaries 


Adoption 
of Charter 


38 


CALIFORNIA ELECTION LAWS 


Additional 

Territory 


Form of 
Proposal 


Majority 

Vote 


to be added, then, upon the consent to such separa¬ 
tion of such territory and of the city initiating the 
consolidation proposal being given by a majority of 
the qualified electors voting thereon in the county - 
in which the city proposing such separation is lo¬ 
cated, and upon the ratification of such Charter by 
a majority of the qualified electors voting thereon 
in such city so proposing the separation, and also 
upon the approval of the proposal hereinafter set 
forth, by a majority of the qualified electors voting 
thereon in the whole of such additional territory, 
and the approval of said Charter by the Legisla¬ 
ture, as prescribed in section 8 of this article, said 
Charter shall be deemed adopted, the indebtedness 
hereinafter referred to shall be deemed to have been 
assumed, and upon the date fixed in said Charter 
such territory and such city shall be and become 
one consolidated city and county. 

The proposal to be submitted to the territory pro¬ 
posed to be added shall be substantially in the fol¬ 
lowing form and submited as one indivisible ques¬ 
tion: i 

“Shall the territory (herein designated in gen¬ 
eral terms the territory to be added) consolidate 
with the city of (herein insert name of the city in¬ 
itiating the proposition to form a city and county 
government) in a consolidated city and county gov¬ 
ernment, and shall the Charter as prepared by the 
city of (herein insert the name of the city initiating 
such proposition) be adopted as the Charter of the 
consolidated city and county, and shall the said 
added territory become subject to taxation along ; 
with the entire territory of the proposed city and 
county, in accordance with the assessable valuation 
of the property of the said territory, for the fol¬ 
lowing indebtedness of said city (herein insert name 
of the city initiating such proposition) to wit: 
(herein insert in general terms reference to any 
debts to be assumed, and if none insert ‘none’).” 

If additional territory is proposed to be added, 
which includes unincorporated territory and one or 
more incorporated cities or towns, or which includes 
more than one incorporated city or town, the con¬ 
sent of any such incorporated city or town shall be 
obtained by a majority vote of the qualified electors 


i 


CALIFORNIA ELECTION LAWS 39 

thereof voting upon a proposal substantially as 
follows: 

“Shall (herein insert the name of the city or 
town to be included in such additional territory) 
be included in a district to be hereafter defined by 
the city of (herein insert the name of the city in¬ 
itiating the proposition to form a city and county 
* government) which district shall, within two years 
from the date of this election, vote upon a proposal 
submitted as one indivisible question that such dis¬ 
trict to be then described and set forth shall con¬ 
solidate with (herein insert name of the city initiat¬ 
ing said consolidation proposition) in a consolidated 
city and county government, and also that a certain 
Charter, to be prepared by the city of (herein in¬ 
sert name of the city initiating such proposition) be 
adopted as the Charter of such consolidated city and 
county, and that such district become subject to 
taxation along w T ith the entire territory of the pro¬ 
posed city and c(Unity in accordance w T ith the as- 
!< sessable valuation of the property of said district 
for the following indebtedness of said city of 
(herein insert name of the city initiating such prop¬ 
osition) to w r it: (herein insert in general terms, ref¬ 
erence to any debts to be assumed and if none in¬ 
sert < none , ). ,, 

Any and all incorporated cities or towns to which 
the foregoing proposal shall have been submitted 
and a majority of whose qualified electors voting 
T thereon shall have voted in favor thereof, together 
with such unincorporated territory as the city in¬ 
itiating such consolidation proposal may desire to 
have included, the whole to form an area contig¬ 
uous to said city, shall be created into a district by 
such city, and the proposal substantially as above 
prescribed to be used when the territory proposed 
to be added consists wholly of only one incorporated 
city or town, or wholly of unincorporated territory, 
shall, within two years, be submitted to the voters 
of said entire district as one indivisible question. 

Upon consent to the separation of such district 
and of the city initiating the consolidation proposal 
being given by a majority of the qualified electors 
voting thereon,in the county in which the city pro¬ 
posing such separation is located, and upon the rati- 


Form of 
Question 


District 


Two Years’ 
Time 


40 


CALIFORNIA ELECTION LAWS 


Approval 
by District 


Annexation 


Majority 

Consent 




fication of such Charter by a majority of the quali¬ 
fied electors voting thereon in such city, and upon 
the approval of the proposal hereinbefore set forth 
by a majority of the qualified electors voting there¬ 
on in the whole of the said district so proposed to 
be added, and upon the approval of said Charter by 
the Legislature, as prescribed in section 8 of this 
article, said Charter shall be deemed adopted, the 
said indebtedness referred to in said proposal shall 
be deemed to have been assumed, and upon the date 
fixed in said Charter, such district and such city 1 
shall be and become one consolidated city and 
county. 

6. It shall be competent for any consolidated 
city and county now existing, or which shall here- : 
after be organized, to annex territory contiguous to 
such consolidated city and county, unincorporated 
or otherwise, whether situated wholly in one county, 
or parts thereof be situate in different counties, 
said annexed territory to be an integral part of such 
city and county, provided that such annexation of 
territory shall only include any part of the territory 
which was at the time of the original consolidation 
of the annexing city and county, within the county 
from which such annexing city and county was 
formed, together with territory which was concur- j 
rently, or has since such consolidation been joined 
in a county government with the area of the orig¬ 
inal county not included in such consolidated city 
and county. 

If additional territory, which consists wholly of 
only one incorporated city, city and county or town, 
or which consists wholly of unincorporated territory, 
is proposed to be annexed to any consolidated city 
and county now existing or which shall hereafter 
be organized, then, upon the consent to any such i 
annexation being given by a majority of the quali¬ 
fied electors voting thereon in any county or coun- 
ties in which any such additional territory is lo- j 
cated, and upon the approval of such annexation 
proposal by a majority of the qualified electors vot¬ 
ing thereon in such city and county, and also upon ! 
the approval of the proposal hereinafter set forth 
by a majority of the qualified electors voting there¬ 
on in the whole of such territory proposed to be an- 







CALIFORNIA ELECTION LAWS 


41 


nexed, the indebtedness hereinafter referred to shall 
be deemed to have been assumed, and at the time 
stated in such proposal, such additional territory 
and such city and county shall be and become one 
consolidated city and county, to be governed by the 
Charter of the city and county proposing such an¬ 
nexation, and any subsequent amendment thereto. 

The proposal to be submitted to the territory pro¬ 
posed to be annexed, shall be substantially in the 
following form and submitted as one indivisible 
question: 

“ Shall the territory (herein designate in general 
terms the territory to be annexed) consolidate with 
the city and county of (herein insert the name of 
the city and county initiating the annexation pro¬ 
posal) in a consolidated city and county govern¬ 
ment, said consolidation to take effect (herein insert 
date when such consolidation shall take effect) and 
shall the said annexed territory become subject to 
taxation, as an integral part of the city and county 
so formed, in accordance with the assessable valua¬ 
tion of property of said territory for the following 
indebtedness of said city and county of (herein in¬ 
sert name of the city and county) to wit: (herein 
insert in general terms, reference to any debts to 
be assumed and if none insert ‘none’).” 

If additional territory including unincorporated 
territory and one or more incorporated cities, cities 
and counties, or towns, or including more than one 
incorporated city, city and county, or town, is pro¬ 
posed to be annexed to any consolidated city and 
county now existing or which shall hereafter be or¬ 
ganized, the consent of each such incorporated city, 
city and county, or town, shall be obtained by a 
majority vote of the qualified electors of any such 
incorporated city, city and county, or town, voting 
upon a proposal substantially as follows: 

li Shall (herein insert name of the city, city and 
county, or town, to be included in such annexed 
territory) be included in a district to be hereafter 
defined by the city and county of (herein insert the 
name of the city and county initiating the annexa¬ 
tion proposal) which district shall within two years 
from the date of this election vote upon a proposal 
submitted as one indivisible question, that such dis- 


Form of 
Question 


Majority 

Vote 


42 


CALIFORNIA ELECTION LAWS 


Form of 
Question 


District 


Two Years’ 
Time 


Consolida¬ 

tion 


trict to be then described and set forth shall con¬ 
solidate with (herein insert name of the city and 
county initiating the annexation proposal) in a con¬ 
solidated city and county government, and that such j 
district become subject to taxation, along with the 
entire territory of the proposed city and county in 
accordance with the assessable valuation of the 
property of said district for the following indebt¬ 
edness of said city and county of (herein insert 
name of the city and county initiating the annexa¬ 
tion proposal) to wit: (herein insert in general 
terms, reference to any debts to be assumed and if 
none insert ^ none , ). ,, 

Any and all incorporated cities, cities and coun¬ 
ties, or towns, to which the foregoing proposal shall 
have been submitted, and a majority of whose 
qualified electors voting thereon shall have voted in j 
favor thereof, together with such unincorporated 
territory as the city and county initiating such an¬ 
nexation proposal may desire to have included, the [ 
whole to form an area contiguous to said city and i : 
county, shall be created into a district by said city 
and county, and the proposal substantially in the 
form above set forth to be used when the territory j, 
proposed to be added consists wholly of only one \] 
incorporated city, city and county, or town, or |! 
wholly of unincorporated territory, shall, within ; 
said two years, be submitted to the voters of said P 
entire district as one indivisible question. 

Upon consent to any such annexation being given j 
by a majority of the qualified electors voting there- | 
on in any county or counties in which any such ter¬ 
ritory proposed to be annexed to said city and | 
county, is located, and upon the approval of any i 
such annexation proposal by a majority of the , 
qualified electors voting thereon in such city and ! 
county proposing such annexation, and also upon I 
the approval of the proposal hereinbefore set forth 1 
by a majority of the qualified electors voting there¬ 
on in the whole of the district so proposed to be I 
annexed, then, the said indebtedness referred to in 
said proposal shall be deemed to have been assumed, 
and upon the date stated in such annexation pro- I. 
posal such district and such city and county shall be 
and become one. consolidated city and county, to be 







CALIFORNIA ELECTION LAWS 


43 


governed by the Charter of the city and county pro¬ 
posing such annexation, and any subsequent amend¬ 
ment thereto. 

Whenever any proposal is submitted to the elec¬ 
tors of any county, territory, district, city, city and 
county, or town, as above provided, there shall be 
published, for at least five successive publications 
in a newspaper of general circulation printed and 
published in any such county, territory, district, 
city, city and county, or town, the last publication 
to be not less than twenty days prior to any such 
election, a particular description of any territory or 
district to be separated, added, or annexed, together 
with a particular description of any debts to be as¬ 
sumed, as above referred to, unless such particular 
description is contained in the said proposal so sub¬ 
mitted. In addition to said description, such ter¬ 
ritory shall also be designated in such notice by 
some appropriate name or other words of identifica¬ 
tion, by which such territory may be referred to 
and indicated upon the ballots to be used at any 
election at which the question of annexation or con¬ 
solidation of additional territory is submitted as 
herein provided. If there be no such newspaper so 
printed and published in any such county, territory, 
district, city, city and county, or town, then such 
publication may be made in any newspaper of gen¬ 
eral circulation printed and published in the nearest 
county, city, city and county, or town where there 
may be such a newspaper so printed and published. 

If, by the adoption of any Charter, or by annexa¬ 
tion, any incorporated municipality becomes a por¬ 
tion of a city and county, its property, debts and 
liabilities of every description shall be and become 
the property, debts and liabilities of such city and 
county. 

Every city and county which shall be formed, or 
the territory of which shall be enlarged as herein 
provided from territory taken from any county or 
counties, shall be liable for a just proportion of the 
debts and liabilities and be entitled to a just pro¬ 
portion of the property and assets of such county 
or counties, existing at the time such territory is so 
taken. 

The provisions of this Constitution applicable to 


Publication 


Time of 
Publication 


Contents 


Property 

Debts 

Liabilities 


Just 

Proportion 


44 


CALIFORNIA ELECTION LAWS 


No 

Restriction 
of Plenary 
Authority 

Formation 
of Counties 


Majority 

Vote 


Borough 

System 


cities, and cities and counties, and also those ap¬ 
plicable to counties, so far as not inconsistent or 
prohibited to cities, or cities and counties, shall be 
applicable to such consolidated city and county gov¬ 
ernment; and no provision of subdivision 5 or 6 of 
this section shall be construed as a restriction upon 
the plenary authority of any city or city and county 
having a Freeholders’ Charter, as provided for in 
this Constitution, to determine said Charter any and 
all matters elsewhere in this Constitution authorized 
and not inconsistent herewith. 

The Legislature shall provide for the formation 
of one or more counties from the portion or portions 
of a county or counties remaining after the forma¬ 
tion of or annexation to a consolidated city and 
county, or for the transfer of such portion or por¬ 
tions of such original county or counties to adjoin¬ 
ing counties. But such transfer to an adjoining 
county shall only be made after approval by a ma¬ 
jority vote of the qualified electors voting thereon 
in such territory proposed to be so transferred. 

The provisions of section 2 of this article, and 
also those provisions of section 3 of this article 
which refer to the passing of any county line within 
five miles of the exterior boundary of a city or town 
in which a county seat of any county proposed to be 
divided is situated, shall not apply to the formation 
of, nor to the extension of the territory of such con¬ 
solidated cities and counties, nor to the formation 
of new counties, nor to the annexation of existing 
counties, as herein specified. 

Any city and county formed under this section 
shall have the right, if it so desires, to be desig¬ 
nated by the official name of the city initiating the 
consolidation as it existed immediately prior to its 
adoption of a Charter providing for a consolidated 
city and county government, except that such city 
and county shall be known under the style of a city 
and county. 

It shall be competent in any Charter framed for 
a consolidated city and county, or by amendment 
thereof, to provide for the establishment of a bor¬ 
ough system of government for the whole or any 
part of the territory of said city and county, by 
which one or more districts may be created therein, 





CALIFORNIA ELECTION LAWS 


45 


which districts shall be known as boroughs and which 
shall exercise such municipal powers as may be 
granted thereto by such Charter, and for the organ¬ 
ization, regulation, government and jurisdiction of 
such boroughs. 

No property in any territory hereafter consoli¬ 
dated with or annexed to any city or city and 
county shall be taxed for the payment of any in¬ 
debtedness of such city or city and county outstand¬ 
ing at the date of such consolidation or annexation 
and for the payment of which the property in such 
territory was not, prior to such consolidation or an¬ 
nexation, subject to such taxation, unless there shall 
have been submitted to the qualified electors of such 
territory the proposition regarding the assumption 
of indebtedness as hereinbefore set forth and the 
same shall have been approved by a majority of 
such electors voting thereon. 

7. In all cases of annexation of unincorporated 
territory to an incorporated city, or the consolida¬ 
tion of two or more incorporated cities, assumption 
of existing bonded indebtedness by such unincor¬ 
porated territory or by either' of the cities so con¬ 
solidating may be made by a majority vote of the 
qualified electors voting thereon in the territory or 
city which shall assume an existing bonded indebt¬ 
edness. This provision shall apply whether annexa¬ 
tion or consolidation is effected under this section 
or any other section of this Constitution, and the 
provisions of section 18 of this article shall not be 
a prohibition thereof. 

The Legislature shall enact such general laws as 
may be necessary to carry out the provisions of this 
section and such general or special laws as may be 
necessary to carry out the provisions of subdivi¬ 
sions 5 and 6 of this section, including any such 
general or special act as may be necessary to per¬ 
mit a consolidated city and county to submit a new 
Charter to take effect at the time that any consoli¬ 
dation, by reason of annexation to such consolidate^ 
city and county, takes effect, and also, any such gen¬ 
eral law or special act as may be necessary to pro¬ 
vide for any period after such consolidation, by 
reason of such annexation, takes effect, and prior to 
the adoption and approval of any such new Charter. 


City and 

County 

Indebtedness 


Majority 

Vote 


Power and 
Duty of 
Legislature 


46 


CALIFORNIA ELECTION LAWS 


ARTICLE NIL 


Public Utilities 

Sec. 23. Every private corporation, and every 
individual or association of individuals, owning, 
operating, managing, or controlling any commer¬ 
cial railroad, interurban railroad, street railroad, 
canal, pipe line, plant, or equipment, or any part 
of sucli railroad, canal, pipe line, plant or equip¬ 
ment within this state for the transportation or 
conveyance of passengers, or express matter, or 
freight of any kind, including crude oil, or for 
the transmission of telephone or telegraph mes¬ 
sages, or for the production, generation, transmis¬ 
sion, delivery or furnishing of heat, light, water 
or power or for the furnishing of storage or wharf¬ 
age facilities, either directly or indirectly, to or 
for the public, and every common carrier, is hereby 
declared to be a public utility subject to such 
control and regulation by the railroad commis¬ 
sion as may be provided by the legislature, and 
every class of private corporations, individuals, 
or associations of individuals hereafter declared 
by the legislature to be public utilities shall like¬ 
wise be subject to such control and regulation. 

Powers of Railroad Commission 

The railroad commission shall have and exer¬ 
cise such power and jurisdiction to supervise and 
regulate public utilities, in the State of Cali¬ 
fornia, and to fix the rates to be charged for com¬ 
modities furnished, or services rendered By public 
utilities as shall be conferred upon it by the 
legislature, and the right of the legislature to 
confer powers upon the railroad commission re¬ 
specting public utilities is hereby declared to be 
plenary and to be unlimited by any provision of 
this constitution. 

% 

How Cities May Retain Powers 

From and after the passage by the legislature 
of laws conferring powers upon the railroad com¬ 
mission respecting public utilities, all powers re¬ 
specting such public utilities vested in boards of 


CALIFORNIA ELECTION LAWS 


47 


supervisors, or municipal councils, or other gov¬ 
erning bodies of the several counties, cities and 
counties, cities and towns, in this state, or in any 
commission created by law and existing at the 
time of the passage of such laws, shall cease so 
far as such powers shall conflict with the powers 
so conferred upon the railroad commission; pro¬ 
vided, however, that this section shall not affect 
such powers of control over public utilities as re¬ 
late to the making and enforcement of local, police, 
sanitary and other regulations, other than the fixing 
of rates vested in any city and county or incorpor¬ 
ated city or town as, at an election to be held pur¬ 
suant to law, a majority of the qualified electors of 
such city and county, or incorporated city or town, 
voting thereon, shall vote to retain, and until such 
election such powers shall continue unimpaired; but 
if the vote so taken shall not favor the continuation 
of such powers they snail thereafter vest in the rail¬ 
road commission as provided by law; and provided, 
further, that where any such city and county, or in¬ 
corporated city or town, shall have elected to con¬ 
tinue any of its powers to make and enforce such 
local, police, sanitary and other regulations, other 
than the fixing of rates, it may, by a vote of a ma¬ 
jority of its qualified electors voting thereon, there¬ 
after surrender such powers to the railroad commis¬ 
sion in the manner prescribed by the legislature; 
and provided, further, that this section shall not af¬ 
fect the right of any city and county, or incorpor¬ 
ated city or town, to grant franchises for public 
utilities upon the terms and conditions and in the 
manner prescribed by law. 

No Limitation 

Nothing in this section shall be construed as a 
limitation upon any power conferred upon the rail¬ 
road commission by any provision of this constitu¬ 
tion now existing or adopted concurrently here¬ 
with. 

ARTICLE XX. 

Duelists Not Eligible to Office 

Sec. 2. Any citizen of this State who shall, 
after the adoption of this Constitution, fight a 


Retention 
of Powers 
by Cities 


48 


CALIFORNIA ELECTION LAWS 


Duelists 

not 

Eligible 
to Office 


Election or 
Appointment 


Not 

Eligible 


Exclusion 

from 

Suffrage 


duel with deadly weapons, or send or accept a chal¬ 
lenge to fight a duel with deadly weapons, either 
within this State or out of it, or who shall act 
as second, or knowingly aid or assist in any man¬ 
ner those thus offending, shall not be allowed to 
hold any office of profit or to enjoy the right of 
suffrage under this Constitution. 

Election or Appointment of Officers and Commis¬ 
sioners—Powers of Legislature 

Sec. 4. All officers or commissioners whose elec¬ 
tion or appointment is not provided for by this 
constitution, and all officers or commissioners 
whose offices or duties may hereafter be created by 
law, shall be elected by the people, or appointed, as 
the legislature may direct. 

Bribery Makes Affected Persons Ineligible to Office 

Sec. 10. Every person shall be disqualified from 
holding any office of profit in this State who shall 
have been convicted of having given or offered a 
bribe to procure his election or appointment. 

High Crimes Cause Exclusion from Office and Suf¬ 
frage 

Sec. 11. Laws shall be made to exclude from 
office, serving on juries, and from the right of 
suffrage, persons convicted of bribery, perjury, 
forgery, malfeasance in office, or other high 
crimes. The privilege of free suffrage shall be 
supported by laws regulating elections, and pro¬ 
hibiting, under adequate penalties, all undue in¬ 
fluence thereon from power, bribery, tumult, or 
other improper practice. 

When Absence Does Not Affect Residence 

Sec. 12. Absence from the state on business of 
the State, or of the United States, shall not af¬ 
fect the question of residence of any person. 
Election by Plurality—Power of Charters 

Sec. 13. A plurality of the votes given at any 
election shall constitute a choice, where not other¬ 
wise directed in this constitution, provided that it 
shall be competent in all charters of cities, coun¬ 
ties or cities and counties framed under the au- 


CALIFORNIA ELECTION LAWS 


49 


tliority of this constitution to provide the man¬ 
ner in which their respective elective officers may¬ 
be elected and to prescribe a higher proportion 
of the vote therefor, and provided also that it 
shall be competent for the legislature by general 
law to provide the manner in which officers of 
municipalities organized or incorporated under 
general laws may be elected and to prescribe a 
higher proportion of the vote therefor. 

ARTICLE XXIII. 

RECALL OF PUBLIC OFFICIALS. 

Affect on Elective Officials 

Section 1. Every elective public officer of the 
State of California may be removed from office 
at any ( ume by the electors entitled to vote for a 
successor of such incumbent, through the proced¬ 
ure and in the manner herein provided for, which 
procedure shall be known as the recall, and is in 
addition to any other method of removal provided 
by law. 

Petition, Circulation—Contents 

The procedure hereunder to effect the removal of 
an incumbent of an elective public office shall be 
as follows: A petition signed by electors entitled 
to vote for a successor of the incumbent sought 
to be removed, equal in number to at least twelve 
per cent of the entire vote cast at the last pre¬ 
ceding election for all candidates for the office 
which the incumbent sought to be removed occu¬ 
pies (provided that , if the officer sought to be re¬ 
moved is a state officer who is elected in any polit¬ 
ical subdivision of the state, said petition shall 
be signed by electors entitled to vote for a suc¬ 
cessor to the incumbent sought to be removed, 
equal in number to at least twenty per cent of 
the entire vote cast at the last preceding election 
for all candidates for the office which the incum¬ 
bent sought to be removed occupies) demanding 
an election of a successor to the officer named in 
said petition, shall be addressed to the secretary 
of state and filed with the clerk, or registrar of 


Charter may 
Provide for 
More than 
Plurality 


Can be 
Recalled 


Petition 
Signed by 
Twelve 
Per Cent 


When 
Twenty 
Per Cent 


50 


CALIFORNIA ELECTION LAWS 


Where 

Circulated 


Substance 
of Petition 


Secretary 
of State 
Certifies 

Date of 
Election 


Publication 


Argument 
on Ballot 

Counter 

Argument 


Recall 

Election 

Held 


voters, of the county or city and county in which 
the petition was circulated; provided that if the 
officer sought to be removed was elected in the 
state at large such petition shall be circulated in 
not less than *five counties of the state, and shall 
be signed in each of such counties by electors 
equal in number to not less than one per cent of 
the entire vote cast, in each of said counties, at 
said election, as above estimated. Such petition 
shall contain a general statement of the grounds 
on which the removal is sought, which statement 
is intended solely for the information of the elect¬ 
ors, and the sufficiency of which shall not be open 
to review. 

Certification—Calling Election 

When such petition is certified as is herein pro¬ 
vided to the secretary of state, he shall forthwith 
submit the said petition, together with a certifi¬ 
cate of its sufficiency, to the governor, who shall 
thereupon order and fix a date for holding the 
election, not less than sixty days nor more than 
eighty days from the date of such certificate of 
tne secretary of state. 

Publication of Election Notice—Arguments 

The governor shall make or cause to be made 
publication of notice for the holding of such elec¬ 
tion, and officers charged by law with duties con¬ 
cerning elections shall make all arrangements for 
such election and the same shall be conducted, re¬ 
turned, and the result thereof declared, in all re¬ 
spects as are other state elections. On the offi¬ 
cial ballot at such election shall be printed, in not 
more than two hundred words, the reasons set 
forth in the petition for demanding his recall. 
And in not more than three hundred words there 
shall also be printed, if desired by him, the offi¬ 
cer's justification of his course in office. Pro¬ 
ceedings for the recall of any officer shall be 
deemed to be pending from the date of the filing 
with any county, or city and county clerk, or 
registrar of voters, of any recall petition against 
such officer; and if such officer shall resign at any 
time subsequent to the filing thereof, the recall 


CALIFORNIA ELECTION LAWS 51 

election shall be held notwithstanding such resigna¬ 
tion, and the vacancy caused by such resignation, 
or from any other cause, shall be tilled as pro¬ 
vided by law, but the person appointed to fill such 
vacancy shall hold his office only until the person 
elected at the said recall election shall qualify. 

Nomination by Petition 

Any person may be nominated for the office 
which is to be filled at any recall election by a 
petition signed by electors, qualified to vote at 
such recall election, equal in number to at least 
one per cent of the total number of votes cast 
at the last preceding election for all candidates 
for the office which the incumbent sought to be 
removed occupies. Each such nominating petition 
shall be filed with the secretary of state not less 
than twenty-five days before such recall election. 

Contents of Ballot 

There shall be printed on the recall ballot, as to 
every officer whose recall is to be voted on there¬ 
at, the following question: “ Shall (name of per¬ 
son against whom the recall petition is filed) be 
recalled from the office of (title of the office) ?”, 
following which question shall be the words 
“Yes” and “No” on separate lines, with a blank 
space at the right of each, in which the voter shall 
indicate, by stamping a cross (X), his vote for or 
against such recall. On such ballots, under each 
such question, there shall also be printed the 
names of those persons who have been nominated 
as candidates to succeed the person recalled, in 
case he shall be removed from office by said re¬ 
call election; but no vote cast shall be counted 
for any candidate for said office unless the voter 
also voted on said question of the recall of the 
person sought to be recalled from said office. The 
name of the person against whom the petition is 
filed shall not appear on the ballot as a candidate 
for the office. If a majority of those voting on 
said question of the recall of any incumbent from 
office shall vote “No,” said incumbent shall con¬ 
tinue in said office. If a majority shall vote 
“Yes,” said incumbent shall thereupon be deemed 


One 

Per Cent 
Petition 


When and 

Where 

Filed 


What 

Ballot 

Contains 


How 

Recalled 


Canvass 


When 

Vacancy 


What 

Petition 

Contains 


Affidavit 


No Fee for 
Verification 
of Affidavit 


52 CALIFORNIA ELECTION LAWS 

removed from such office, upon the qualification of 
his successor. The Canvassers shall canvass all 
votes for candidates for said office and declare 
the result in like manner as in a regular election. 
If the vote at any such recall election shall recall 
the officer, then the candidate who has received 
the highest number of votes for the office shall 
be thereby declared elected, for the remainder of 
the term. In case the person who received the 
highest number of votes shall fail to qualify with¬ 
in ten days after receiving the certificate of elec¬ 
tion, the office shall be deemed vacant and shall 
be filled according to law. 

Petition, Contents—Filing — Certification—Supple¬ 
ments 

Any recall petition may be presented in sec¬ 
tions, but each section shall contain a full and 
accurate copy of the title and text of the peti¬ 
tion. Each signer shall add to his signature his 
place of residence, giving the street and number, 
if such exist. His election precinct shall also ap¬ 
pear on the paper after his name. The number of 
signatures appended to each section shall be at 
the pleasure of the person soliciting signatures to 
the same. Any qualified elector of the state shall 
be competent to solicit such signatures within the 
county, or city and county, of which he is an elec¬ 
tor. Each section of the petition shall bear the 
name of the county, or city and county in which 
it is circulated, and only qualified electors of such 
county or city and county shall be competent to 
sign such section. Each section shall have at¬ 
tached thereto the affidavit of the person soliciting 
signatures to the same stating his qualifications 
and that all the signatures to the attached section 
were made in his presence and that to the best of 
his knowledge and belief each signature to the 
section is the genuine signature of the person 
whose name it purports to be; and no other affi¬ 
davit thereto shall be required. The affidavit of 
any person soliciting signatures hereunder shall 
be verified free of charge by any officer author¬ 
ized to administer an oath. Such petition so veri¬ 
fied shall be prima facie evidence that the signa- 


CALIFORNIA ELECTION LAWS 


53 


tures thereto appended £lre genuine and that the 
persons signing the same are qualified electors. 
Unless and until it is otliewise proven upon offi¬ 
cial investigation, it shall be presumed that the 
petition presented contains the signatures of the 
requisite number of electors. Each section of the 
petition shall be filed with the clerk, or registrar 
of voters, of the county or city and county in 
which it was circulated; but all such sections cir¬ 
culated in any county or city and county shall be 
filed at the same time. Within twenty days after 
the date of filing such petition, the clerk, or regis¬ 
trar of voters, shall finally determine from the rec¬ 
ords of registration what number of qualified 
electors have signed the same; and, if necessary, 
the board of supervisors shall allow such clerk or 
registrar additional assistants for the purpose of 
examining such petition and provide for their 
compensation. The said clerk or registrar, upon 
the completion of such examination, shall forth¬ 
with attach to such petition his certificate; prop¬ 
erly dated, showing the result of such examina¬ 
tion, and submit said petition, except as to the 
signatures appended thereto, to the secretary of 
state and file a copy of said certificate in his office. 
Within forty days from the transmission of 
the said petition and certificate by the clerk or 
registrar of voters to the secretary of state, a sup¬ 
plemental petition, identical with the original as 
to the body of the petition but containing supple¬ 
mental names, may be filed with the clerk or regis¬ 
trar of voters, as aforesaid. The clerk or regis¬ 
trar of voters shall within ten days after the 
filing of such supplemental petition make like 
examination thereof as of the original petition, 
and upon the conclusion of such examination shall 
forthwith attach to such petition his certificate, 
properly dated, showing the result of such exami¬ 
nation, and shall forthwith transmit such supple¬ 
mental petition, except as to the signatures there¬ 
on, together with his said certificate, to the sec¬ 
retary of state. 

Duty of Secretary of State 

When the secretary of state shall have received 


Where 

Filed 


Time 

Allowed 

Clerk 


Certificate 
of Clerk 

One Copy 
to Secretary 
of State 

One Copy 
Filed 

Supple¬ 

mental 

Petitions 


Disposition 
of Sup¬ 
plement 


Certificate 
of Secretary 
of State 

Filing 


How filed 
with 

Secretary 
of State 


Six Months’ 
Tenure 

Exception 


When 

Expenses 

Repaid 


When 
Governor 
or Secretary 
of State 
Recalled 


54 CALIFORNIA ELECTION LAWS 

from one or more county clerks, or registrars of 
voters, a petition certified as herein provided to 
have been signed by the requisite number of quali¬ 
fied electors, he shall forthwith transmit to the 
county clerk or registrar of voters of every 
county or city and county in the state a certifi¬ 
cate showing such fact; and such clerk or regis¬ 
trar of voters shall thereupon file said certificate 
for record in his office. 

When Filed 

A petition shall be deemed to be filed with the 
secretary of state upon the date of the receipt by 
him of a certificate or certificates showing the 
said petition to be signed by the requisite number 
of electors of the state. 

When Recall May Be Applied 

No recall petition shall be circulated or filed 
against any officer until he has actually held his 
office for at least six iponths;. save and except it 
may be filed against any member of the state legis¬ 
lature at any time after five days from the con¬ 
vening and organizing of the legislature after his 
election. 

Repayment of Expenses 

If at any recall election the incumbent whose 
removal is sought is not recalled, he shall be re¬ 
paid from the state treasury any amount legally 
expended by him as expenses of such election, 
and the legislature shall provide appropriation for 
such purpose, and no proceedings for another re¬ 
call election of said incumbent shall be initiated 
within six months after such election. 

Recall of Governor and Secretary of State 

If the governor is sought to be removed under 
the provisions of this article, the duties herein im¬ 
posed upon him shall be performed by the lieuten¬ 
ant governor; and if the secretary of state is 
sought to be removed, the duties herein imposed 
upon him shall be performed by the state con¬ 
troller; and the duties herein imposed upon the 
clerk or registrar of voters shall be performed 


CALIFORNIA FLECTION LAWS 


55 

by such registrar of voters in all cases where the 
office of registrar of voters exists. 

Extent of Recall 

The recall shall also be exercised by the electors 
of each county, city and county, city and town 
of the state, with reference to the elective officers 
thereof, under such procedure as shall be provided 
by law. 

Limit to Number of Signatures 

Until otherwise provided by law, the legislative 
body of any such county, city and county, city or 
town may provide for the manner of exercising 
such recall powers in such counties, cities and 
counties, cities and towns, but shall not require 
any such recall petition to be signed by electors 
more in number than twenty-five per cent of the 
entire vote cast at the last preceding election for 
•all candidates for the office which the incumbent 
sought to be removed occupies. Nothing herein 
contained shall be construed as affecting or limit¬ 
ing the present or future powers of cities or coun¬ 
ties or cities and counties having charters adopted 
under the authority given by the constitution. 

General Laws Apply 

In the submission to the electors of any petition 
proposed under this article all officers shall be 
guided by the general laws of the state, except 
as otherwise herein provided. 

This article is self-executing, but legislation 
may be enacted to facilitate its operation, but in 
no way limiting or restricting the provisions of 
this article or the powers herein reserved. 


No more 
than 
Twenty- 
five 

Per Cent 


May 

Primary 

First 

Tuesday in 
May 


When 

Chairman of 
Committee 
Notifies 
Secretary 
of State 


56 CALIFORNIA ELECTION LAWS 
CHAPTER IY. 

PRESIDENTIAL PRIMARY ACT 

An act. to provide for the indication by the regis¬ 
tered qualified electors of their choice for nomin¬ 
ation by their respective political parties for 
president of the United States through the elec¬ 
tion of the delegates of said political parties to 
their respective national conventions, and to re¬ 
peal an act approved December 24, 1911, known 
as the presidential primary act, and also to re¬ 
peal all other acts or parts inconsistent with or 
in conflict with the provisions of this act. (Ap¬ 
proved April 28, 1915.) 

The people of the State of California do enact as 
follows: 

Election, When Held—Purpose 

Sec. 1. On the first Tuesday in May of each year 
of the general November election at which elec¬ 
tors of president and vice president of the United 
States are to be chosen, there shall be held a pri¬ 
mary nominating election, to be known as the May 
presidential primary election, at which the regis¬ 
tered qualified electors shall have opportunity, on 
separate party ballots provided for that purpose, 
to elect the delegates of their respective political 
parties to their respective national conventions for 
the nomination of their party candidates for presi¬ 
dent and vice president of the United States, 
thereby indicating the preference of said electors 
for their presidential nominee. 

Procedure 

Sec. 2. The chairman of the state central com¬ 
mittee, or, after the year 1916, the chairman of the 
congressional party committee, of each of the po¬ 
litical parties qualified to participate in the elec¬ 
tion provided for in this act shall notify the secre¬ 
tary of state on or before the first day of March 
of each year of the general November election at 
which electors of president and vice president of the 
United States are to be chosen, as to the number 
of delegates.to represent the state in the next na,- 


CALIFORNIA ELECTION LAWS 


tional convention of his said party. If the said state 
chairmen, or any of them, fail to file such notice, it 
shall be the duty of the secretary of state to ascer¬ 
tain the said number of delegates from the call for 
said national convention issued by the national 
committee of each party whose chairman has failed 
to notify him as aforesaid. The delegates who 
shall represent each political party at its national 
convention shall all be elected by the voters of the 
state at large. The secretary of state shall, on or 
before the tenth day of March of the year of the 
May presidential primary election, certify to the 
county clerk or registrar of voters of each county, 
or city and county, the number of delegates to be 
so elected by each of the political parties qualified 
to participate in the said election. Any political 
party shall be qualified to participate in the May 
presidential primary election which is qualified to 
participate in the August primary election accord¬ 
ing to the provisions of the 11 direct primary law . 7 7 

Candidates—Nomination Papers 

Sec. 3. The names of persons to be voted upon 
as delegates to the respective national conventions 
of the several political parties shall be printed upon 
the ballots of their respective parties upon the filing 
of nomination papers substantially as provided in 
the direct primary law; provided, however, that the 
only party test that shall be required of each of 
the five qualified electors provided for in subdivis¬ 
ion 2b of section 5 of said direct primary law, 
shall be a declaration on his part in the docu¬ 
ment by which verification deputies are appointed 
that it is his intention to affiliate at the ensuing 
primary election with that political party for nom¬ 
ination by which he is proposing a candidate or 
group of candidates for delegates; and provided, 
also, that the only party test that shall be re¬ 
quired of each of the signers of the nomination 
paper of any candidate or group of candidates for 
delegate shall be a declaration by him made in 
such nomination paper that it is his intention to 
affiliate at the ensuing primary election with that 
political party for nomination by which he is sign¬ 
ing such nomination paper, and that he has not 


When 
Secretary 
of State 
Acts 


When 
Secretary 
of State 
Certifies to 
County 
Clerk 


Nomination 

Papers 

Necessary 


Provisions 


Affiliation 


CALIFORNIA ELECTION LAWS 


Preference 


Form 


How 

Verification 

Deputies 

Are 

Appointed 


58 

signed the nomination paper of said candidate or 
group of candidates, or any other candidate or 
group of candidates, as candidate or group of candi¬ 
dates of any other party at said primary election; 
provided, that, in the case of each party, nomina¬ 
tion papers for candidates for delegates must be 
signed by the same number of electors as is required 
on the nomination paper of a candidate for United 
States senator; and provided, also that whenever 
a candidate for delegate files a statement with the 
Secretary of state, as hereinafter provided in this 
section, wdierein as a delegate he enrolls himself 
with other delegates in expressing his preference 
for the same person as candidate for presidential 
nominee, there may be nominated by the same 
nomination paper the names of all such candidates 
for delegates who are included in such statement as 
have individually filed similar statements with the 
secretary of state. The form of nomination paper 
as set forth in section* five of said direct primary 
law shall be changed for this purpose by substitut¬ 
ing, in the appropriate place, for the name of a 
single candidate, as follows: “hereby nominate 
the following: 

Number 

Congres- 

Residence sional 

Names City or Town County District 

1... 

2 # 

3 ! .. .... 

(to 26 names, or such other number as may be 

required) as candidates for delegate to the. 

..national party convention, to be voted 

for at the primary election to be held on the. 

day of May, 19., ’ ’ and by making such other 

changes in said form as may be necessary. The 
verification deputies to obtain signatures on the 
nomination paper for such group of candidates for 
delegates may be appointed, either according to 
the provisions of subdivision 2a of section 5 
of said direct primary law, by said candidates for 
delegate joining together in the appointment of 
said deputies; or, according to the provisions of 
subdivision 2b of said section 5, by the “five 
















CALIFORNIA ELECTION LAWS 


59 


registered qualified electors” appointing said depu¬ 
ties to obtain signatures for the nomination of all 
of said candidates whose names are grouped to¬ 
gether on the same nomination papers; provided, 
however, that the number of such candidates for 
delegate shall not be greater than the total num¬ 
ber of delegates to be elected by said party; and 
provided, further, that the names of such candi¬ 
dates thus grouped together shall be so selected 
that the smallest number of such candidates who 
shall reside in any one congressional district shall 
be no less than the integer of the quotient ob¬ 
tained by dividing the number of the names of 
such candidates appearing upon the same nomin¬ 
ation paper by the total number of congressional 
districts of the state, and that the largest number 
of such candidates who shall reside in any one con¬ 
gressional district shall be no greater than twice 
said integer; and if not so selected said names shall 
not be grouped together on the ballot, but shall 
appear as individuals. 

Grouping Names 

Candidates for delegate grouped together on the 
same nomination paper and selected as aforesaid 
shall be similarly grouped, in the same order of 
names, upon the ballots of their party; provided, 
that such group of candidates for delegate has the 
endorsement of that candidate for presidential nom¬ 
inee for whom the members of said group have filed 
a preference, or the endorsement of such a state 
political organization created in support of the can¬ 
didacy of said presidential nominee as shall not be 
repudiated by him as lacking authority to make 
such endorsement; said endorsement, either of the 
candidate or of the organization supporting him, 
to be filed with the secretary of state. No candi¬ 
dates for delegate not thus endorsed shall have 
their names printed upon the ballot in a group, but 
such candidates must appear as individuals; and 
further provided, that the name of no candidate 
shall appear more than once on the ballot, and 
that any candidate whose nomination paper is filed 
in more than one group, or in the same group dif¬ 
ferently arranged, shall have his name printed on 


Number of 
Delegates 


\ 


How 

Grouped 


Filing of 
Endorsement 


60 


CALIFORNIA ELECTION LAWS 


Candidate 

Files 

Affidavit 

With 

Secretary 

of State 


Form 


the ballot as a part of that group which has had 
first filed the endorsement as herein recited; pro¬ 
vided, that one of the groups in which his name 
occurs has received such endorsement. Each candi¬ 
date for election as delegate to his national party 
convention must file with the secretary of state 
not later than the time of filing of the nomination 
papers containing his name, an affidavit substan¬ 
tially as provided in section five of the “direct 
primary law,” and may also include with his affi¬ 
davit the following statement: 

Delegate’s Statement 

“I personally prefer . 

as nominee of my political party for president of 
the United States, and hereby declare to the voters 
of my party in the State of California that if 
elected as delegate to their national party con¬ 
vention, I shall, to the best of my judgment and 

ability, support said...as 

nominee of my party for president of the United 
States” (filling in the blanks by inserting his choice 
for such nominee). But the neglect or failure of any 
candidate to include any statement of preference 
for presidential nominee shall not be a valid 
ground on the part of the secretary of state for 
refusal to receive and file the nomination paper 
containing his name. 

However, each candidate for delegate whose name 
is filed upon a nomination paper together with the 
names of other candidates, as hereinbefore in this 
section provided, in order to have his name printed 
upon the ballot in a group with such other names, 
must file such statement of preference, and shall 
add to it the following: 

‘ ‘ And I hereby enroll myself in the expression of 

preference for said ...f 0 r 

presidential nominee, as one of the following named 
candidates for delegate: 


"Etc." 

(the blanks immediately following the word ‘dele- 







CALIFORNIA ELECTION LAWS 


61 


gate’ being filled in by the printed or typewritten 
names of all the candidates for delegate, including 
the signer, whose names appear upon the same nom¬ 
ination paper in accordance with the provisions of 
this section). 

(Signed) ... if 


Arrangement of Ballots 

Sec. 4. The names of the candidates for delegate 
of any political party shall be arranged upon the 
ballot of such party in parallel columns, the vari¬ 
ous candidates for delegate appearing in these col¬ 
umns under their preference for president accord¬ 
ing to the provisions of section 3 of this act. That 
group of candidates which shall first file its nomin¬ 
ation paper with the secretary of state shall be 
entitled to the first or left hand column; the group 
which next files its nomination paper shall be en¬ 
titled to the second column; and similarly for all 
other groups. The left hand column shall be headed 
in heavy face, ten point, gothic type, the following: 

“CANDIDATE PREFERRING .” 

(The blank being filled in by the name of that can¬ 
didate for presidential nominee for whom the mem¬ 
bers of the group in said left hand column have 
expressed a preference.) The second column shall be 
similarly headed except that the name of the can¬ 
didate shall be that preferred by the members of 
the group in said second column; and so on for as 
many columns as may have groups who have ex¬ 
pressed a preference for presidential nominee. 

To the right of the last column headed by the 
name of a candidate for presidential nominee shall 
be a column headed by the words “No preference,’ ? 
in heavy face, ten point, gothic type, in which col¬ 
umn shall appear the names of all candidates for 
delegate who have expressed no preference for 
presidential nominee, or who have expressed a pref¬ 
erence for a presidential nominee who has not en¬ 
dorsed said candidates, either personally or through 
the state political organization created in support 
of his candidacy, as such endorsement is provided 
for in section 3 of this act. To the right of the 
last column shall be a column headed by the words 
“Blank column’’ in heavy face, ten point, gothic 


Position of 
Groups on 
Ballot 


Ballot 

"Shows 

Preference 


No 

Preference 

Column 


Blank 

Column 






02 


CALIFORNIA ELECTION LAWS 


Size Type 


Order of 
Names 


Group 

Voting 


type, which column shall contain as many blank | 
spaces as there are delegates to be elected by the I 
political party concerned. In case that there are I 
no names of candidates for delegate to be placed 
in a “No preference column/’ such “No preference 
column” shall be ommitted from the ballot, and the \ 
“Blank column” as herein provided for shall be 
placed to the right of and contiguous to the last 
column headed by the surname of a candidate for 
presidential nominee. 

The names of the various candidates for delegates 
shall be printed in eight point, roman capital type, 
under their respective preferences for presidential j 
nominee or in the no preference column, as hereto¬ 
fore provided in this act. The names of each group 
on the ballot shall be numbered in heavy face, eight j 
point type. Tbe order of names for each column 
upon the ballot shall be the same as the order in 
which such names were filed with the secretary of ( 
state; provided, that above the individual names in 
each column, if any, shall appear the group of 
names, if any, which has received the endorsement 
referred to in section 3 of this act. 

A blank column one-half inch wide shall be left 
upon the ballot opposite each group of names and 
to the right of the column of voting squares for the 
individual names and separated from it by a light 
dotted line, which blank column shall contain a 
square in which may be stamped a cross (X) which 
shall be counted as a vote for each and every name 
in the group opposite. Lengthwise along this blank 
column shall be printed “A cross (X) stamped in 
this square shall be counted for each name of the 
group to the left.” The line separating any name 
from any other name not in a group or from any 
group of names shall be heavier than any line sep¬ 
arating the individual names in such group, and 
shall extend across the blank column provided for 
m this paragraph. Below the top line of this ex¬ 
tension shall be printed in small heavy face type the 
words “top of groujp,” and above the bottom of 
line of the extension, the words “end of group.” 

Alternates to Convention 

Sec. 5. The delegates to each national party con- 





CALIFORNIA ELECTION LAWS 


63 


volition elected at the May presidential primary 
election, shall, before leaving the state to attend 
the convention, meet together and select alternates 
to the convention. The number of alternates to be 
selected shall be no greater than one for each 
delegate, and each alternate must be selected from 
the congressional district of the delegate for whom 
he is an alternate; and the method of selection shall 
be as determined upon by the majority of the whole 
number of delegates who have been elected to the 
convention. The duties of an alternate shall be 
those usually appertaining to that position, and as 
prescribed by each party in the call for its national 
convention. The alternate of any such delegate as 
may be unable to attend the convention, shall at¬ 
tend the convention in his place, and shall other¬ 
wise discharge the duties of said delegate, but shall 
not vote in place of said delegate when said dele¬ 
gate is occupying his seat at the convention. 

Register Used—Party Affiliation 

\ Sec. 6. For purposes of the May presidential 
primary election only the new registration, begin¬ 
ning oii January 1st of the year in which such May 
presidentail primary election is held, shall be used. 
Any person registered in accordance with the pro¬ 
visions of this section and of section 1096 of the 
Political Code and who, on asking for his party bal¬ 
lot at the polls, writes, or has written, and declares 
his political affiliation as in this section provided, 
shall be qualified to vote at such election. On writ¬ 
ing his name or having it written for him on the 
roster, as provided by law for general elections in 
this state, he shall likewise write or have written 
upon the roster the name of the political party 
with which he intends to affiliate in voting for can¬ 
didates for office at the next ensuing November 
election. He shall then, in an audible tone of voice, 
declare to the election officer from whom he re¬ 
ceives his ballot the name of such political party 
with which he intends to affiliate, and the clerk 
whose duty it is, according to law, to write the 
name of the elector on the poll list, shall also write 
opposite such name the name of said political party 
with which the elector declares it his intention to 


How 

Selected 


Duties 


What 

Registration 

Used 


Party 

Affiliation 


Party 
Affiliation 
on Roster 


Party 
Affiliation 
on Poll List 


CALIFORNIA ELECTION LAWS 


Ballot 


Instructions 


04 

affiliate. Thereupon said elector shall be given the 
ticket of that political party only with which he 
thus declares himself affiliated and he shall be per- | 
mitted to vote only such ticket. Any person quali¬ 
fied by the provisions of this section to vote at any 
May presidential primary election shall also be 
qualified to sign the nomination papers of any per- j 
sou to be voted upon at such primary election. 

Form of Ballot 

See. 7. The ballot to be used at the May presi¬ 
dential primary election shall be prepared according 
to the provisions of sections 3 and 4 of this act, and 
also according to such provisions of the “direct 
primary law” as are applicable to this act and not 
in conflict with its provisions; provided, that the 
words at the top of the ballot shall be “Official 
presidential primary election ballot ,’’ and that the 
instructions to voters shall be as follows: “To vote 
for a person whose name appears on the ballot, i 
stamp a cross (X) in the square at the right of the > 
name of the person for whom you desire to vote; j 
or if you wish to vote for all of a group of per- | 
sons, stamp a cross (X) in the square opposite such j 
group which cross shall be counted for each name j 
of the group. A group consists of candidates for 
delegates nominated on the same nomination paper. 

To vote for a person whose name is not printed I 
on the ballot, write his name in the blank space I 
provided for that purpose; and it is optional, but U 
not necessary, to stamp a cross after such name.” " 

There shall be printed in heavy face, twelve l j 
point, gothic type, across the page above the col- j 
umns of candidates for delegates, the words, “For 

delegates to national convention vote for., U 

either as individuals or by group, but do not vote r 

for more than .” (the blanks being filled 

in by the number of delegates to be elected by the 
political party concerned). 

The ballot shall be printed substantially in the j 
following form: 








OfflCIAL PRESIDENTIAL PRIMARY ELECTION BALLOT 

REPUBLICAN PARTY 

Third Assembly District, May 14, 1*12 


- * 


i 

! 


! 

{ 

j 

1 

1 

1 




’ 





' 








































































































































Quantity of 

Official 

Ballots 


Sample 

Ballots 

When 

Mailed 

Size and 
Form of 
Sample 
Ballot 


When 

Direct 

Primary 

Applies 


Secretary 
of State 
and 

Attorney 

General 

Prepare 

Forms 


66 CALIFORNIA ELECTION LAWS 

Supplying Ballots 

Sec. 8. The county clerk of each county, or reg¬ 
istrar of votes in any city or county, shall distrib- * 
ute to each precinct, as near as may be, twice as 
many official ballots for each party as were cast 
in the precinct for the candidate of that party for 
United States senator at the last election in this 
state at which a United States senator was elected; J 
and if the number of ballots so furnished proves in- ‘ I 
sufficient, additional ballots must be furnished by 
the county clerk on demand by the board of elec¬ 
tion officials of the precinct. One sample ballot of 
each party shall be mailed to every elector en¬ 
titled to vote at the May presidential primary 
election, not more than ten days nor less than five 
days before the election. This sample ballot for I 
each party shall be one half the dimensions, as 
near as may be, of the official ballot for such party, ; j 
and shall otherwise be of the same form, and con¬ 
tain the same names and heading, as the official bal- I | 
lot; and above the first line of said heading shall J 
appear the words “ Sample ballot (reduced to one- 1 
quarter size) of the.” 

Provisions Governing 

Sec. 9. The provisions of the direct primary law T 
shall govern the May presidential primary election J 
in so far as said provisions are applicable to said f 
election and are not inconsistent with or in conflict 
with the provisions of this act. 

Forms, by Whom Prepared 

Sec. 10. It shall be the duty of the secretary of ; 
state and the attorney general to prepare, on or be¬ 
fore the first day of January, 1916, all forms neces- i 
sary to carry out the provisions of this act, which ^ 
forms shall be substantially followed in all presi- [1 
dential primary elections held in pursuance hereof. 

Title of Act 

Sec. 11. This act shall be known as the presi- || 
dential primary act. 

Repeal of Former Act 

Sec. 12. The act approved December 24, 1911, I j 








CALIFORNIA ELECTION LAWS 


67 


known as the presidential primary act, is hereby re¬ 
pealed, and all other acts and parts of acts incon¬ 
sistent with or in conflict with the provisions of 
this act are also hereby repealed. 

First Election Date 

Sec. 13. The first May presidential primary elec¬ 
tion to be held under the provisions of this act shall- 
be held on the second day of May, 1916, and a pres¬ 
idential primary election to be held on the said sec¬ 
ond day of May, 1916, is hereby called and pro¬ 
vided for. 






68 


CALIFORNIA ELECTION LAWS 


Definition 
of August 
Primary 


May 

Primary 


CHAPTER V. 

DIRECT PRIMARY LAW 

An act to provide for and regulate primary elec- 
tions, and providing a method for choosing the 
delegates for political parties to state conven¬ 
tions and for nominating electors of president and 
vice-president of the United States, and providing jfj 
for the election of party county central commit- I 
tees, and to repeal the act approvad April 7, 1911, 
known as the direct primary law, and also to re¬ 
peal the act approved December 24, 1911, amend- j 
ing sections 1, 3, 5, 7, 10, 12, 13, 22, 23 and 24! 
of the said direct primary law, and also to repeal j 
all other acts or parts of acts inconsistent with 5 
or in conflict with the provisions of this act. J 
[Approved June 16, 1913. And amended and ap-> 
proved May 29, 1917, and May 7, 1919.] 

The people of the State of California do enact 
as follows: 

Definitions of Words and Phrases 

Section 1. Words and phrases where used in this I 
act shall, unless such construction be inconsistent! 
with the context, be construed as follows: 

1. The words “ primary election, ” any and every 1 
primary nominating election provided for by this 
act. 

2. The words -“August primary election ,” the ^ 
primary election held in August to nominate candi¬ 
dates to be voted for at the ensuing November elec-a 
tion or to elect members of a party central commit¬ 
tee or delegates to a party convention. 

3. The words “May presidential primary elec-a 
tion, * ’ any such primary election, held in May of 
each year of the general November election at which 
electors of president and vice president of the 1 
United States are to be chosen, as shall provide 
for the indication of preference in the several po¬ 
litical parties for party candidates for president ofl 
the United States through the election of dele-f 
gates to national party conventions. 

4. The word “ elections, ’ ’ a general state, county,! 



CALIFORNIA ELECTION LAWS 


69 


•city or city and county election as distinguished 
from a primary election, recall election, or special 
election. 

5. The words “November election,” either the 
presidential election, or the general state, county, 
or city and county election held in November of 
each even numbered year. 

6. The words “judicial officer,” any justice of 
the supreme court, justice of a district court of 
appeal, judge of the superior court, justice of the 
peace, or justice of such inferior court as the legis¬ 
lature may establish in any county, township, in¬ 
corporated city or town, or city and county; and 
the words “judicial office,” the office filled by any 
of the above judicial officers. 

7. The words “school officer,” the superintend¬ 
ent of public instruction, and the superintendent of 
schools of a county or city and county; and the 
words “school office,” the office filled by any of 
the above school officers. 

8. The words “county officer,” any officer 
elected within the boundaries of any county or city 
and county, except a member of the state board of 
equalization, judge of the superior court, justice 
of the peace, member of the state senate or as¬ 
sembly or a member of the house of representa¬ 
tives of the congress of the United States or a mem¬ 
ber of any party county central committee or dele¬ 
gate to a state convention from a hold-over sena¬ 
torial district; and the words “county office,” the 
office filled by any county officer. The words 
“township officer,” any such county officer as is 
elected within the boundaries of any judicial town¬ 
ship that is now or may be hereafter provided by 
law; and the words “township office,” the office 
filled by any township officer. 

Qualifications of Political Parties 

9. The word or words “political party,” 
“party,” “political organization,” or “organiza¬ 
tion,” a political party or organization of electors 
which has qualified, as hereinafter provided, for 
participation in any primary election; and such 
party or organization shall be deemed to have so 


Election 


November 

Election 


Judicial 
Officer 
and Office 


School 
Officer 
and Office 


County 
Officer 
and Office 


Parties and 
Qualifica¬ 
tions 


Percentage 


When and 
Where 
Petition is 
Filed 


No Similar 

Party 

Names 


Liberal 

Construction 


70 CALIFORNIA ELECTION LAWS 

qualified when one or both of the following condi¬ 
tions have been complied with: 

(a) . If at the last preceding November election 
there was polled for any one of its candidates who 
was the candidate of such party only for any office 
voted on throughout the state, at least three per 
cent of the entire vote of the state, or for any one 
of its candidates who was the joint candidate of 
such party and any other party for any office voted 
on throughout the state, at least six per cent of 
the entire vote of the state; or 

(b) . If on or before a date which shall be the 
seventy-fifth day before any primary election, there 
shall be filed with the secretary of state a petition 
signed by registered qualified electors of the state, 
equal in number to at least three per cent of the 
entire vote of the state at the last preceding No¬ 
vember election, declaring that they represent a 
political party or organization the name of which 
shall be stated therein, which party said electors 
desire to have participate in such primary elec¬ 
tion; such petition to be circulated, signed, and the 
signatures thereon of the registered electors certi¬ 
fied to and transmitted to the secretary of state by 
the county clerks substantially as provided in sec¬ 
tion 5 of this act, for the circulation, signing, cer¬ 
tification, and transmission of nomination papers 
for state officers; providing, however, that no elec¬ 
tors or organization of electors shall assume a party 
name or designation which shall be so similar to 
the name of an existing party or organization as 
to mislead voters. 

Statute—How Construed 

This statute shall be liberally construed, so that 
the real will of the electors shall not be defeated by 
any informality or failure to comply with all the 
provisions of this law. 

When Registrar of Voters Acts 

In each county and city and county in this state, 
having a registrar of voters or registrar of voters 
and a board of election commissioners, the powers 
conferred and the duties imposed in this statute up¬ 
on a county clerk and his deputies, and other offi¬ 
cers, in relation to matters of election and polling 


CALIFORNIA ELECTION LAWS 


71 


places, shall be exercised and performed by such 
registrar of voters or his deputies, or registrar of 
votes or his deputies and board of election com¬ 
missioners; and all nominating papers, list of can¬ 
didates, expenses, and oaths of office, required by 
this statute to be made to or filed with county 
clerks, shall be made to or filed with the registrar of 
voters. 

Procedure to Nominate 

Sec. 2. All candidates nominated at a primary 
election for elective public offices shall be nomin¬ 
ated by direct vote at such election held in accord¬ 
ance with the provisions of this act; provided, that 
electors of president and vice-president of the Unit¬ 
ed States shall be nominated as provided in sub¬ 
division 2 of section 24 of this act. This act shall 
not apply to recall elections, or to special elections 
co fill vacancies; nor to the nomination of officers 
of municipalities, counties, or cities and counties 
whose charters provide a system for nominating 
candidates for such officers; nor the nomination 
of officers for any district not formed for municipal 
purposes; nor to the nomination of freeholders to be 
elected for the purpose of framing a charter; nor 
to the nomination of officers for cities of the fifth 
and sixth classes; nor to the nomination of school 
district officers. 

Primary Election—Date—Privileges of Employees 

Sec. 3. The August primary election shall be held 
at the legally designated polling places in each pre¬ 
cinct on the last Tuesday in August, for the nomina¬ 
tion of all candidates to be voted for at the ensu¬ 
ing November election. The day of the August 
primary election and the day of the May presiden¬ 
tial primary election are hereby declared to be holi¬ 
days within the meaning of section 10 of the Poli¬ 
tical Code. Any person entitled to vote at such 
August or May primary elections shall, on the day 
of such election, be entitled to absent himself from 
any service or employment in which he is then en¬ 
gaged or employed, for the period of two consecu¬ 
tive hours, between the time of opening and the 
time of closing the polls; and such voter shall not, 


When 
Duty of 
Registrar 
of Voters 


Nomination 
by Direct 
Vote 


Where Act 
Does Not 
Apply 


Primary 

Last 

Tuesday in 
August 


Employees 
Allowed 
Two Hours 
to Vote 


CALIFORNIA ELECTION LAWS 


Clerk 
T ransmits 
List of 
Registered 
Vote to 
Secretary 
of State 


Secretary 
of State 
Prepares 
Notice of 
Offices 


When and 

Where 

County 

Clerk 

Publishes 

List of 

Offices 

to be 

Filled 


72 

because of so absenting himself, be liable to any 
penalty, nor shall any deduction be made, on ac¬ 
count of such absence, from his usual salary or 
wages. Any primary election other than the August 
primary election, or May presidential primary elec¬ 
tion shall be held on Tuesday, three weeks next 
preceding the election for which such primary elec¬ 
tion is held. Secretary of State shall send out No¬ 
tices of Offices to be filled. 

Statement of Registered Electors—Duty of Clerk 
and Secretary of State 

Sec. 4. (1) On the twenty-fifth day before the first 
Tuesday in May, on the twenty-fifth day before the 
last Tuesday in August, and on the twenty-fifth day 
before the date of the November election, in each 
even numbered year, the county clerk or registrar 
of voters of each county or city and county shall 
transmit a statement to the secretary of state of 
the total number of electors registered in his county 
between the first day of January next preceding 
and a date in each instance five days preceding the 
date of transmission of such statement as herein 
provided for, together with the number so regis¬ 
tered under each of the several political affiliations, 
and also the number declining or failing to declare 
such affiliation. At least seventy days before the 
time of holding the August primary election in 
1918 and biennially thereafter, the secretary of 
state shall prepare and transmit to each county 
clerk and to the registrar of voters in any city 
and county a notice in writing designating all the 
offices, except township offices, for which candidates 
are to be nominated at such primary election, to¬ 
gether with the names of the political parties quali¬ 
fied to participate in such election. 

Publication of Notice 

2. Within ten days after receipt of such notice 
such county clerk or registrar of voters in any coun¬ 
ty and city and county shall publish once in each 
week for two successive weeks in not more than two 
newspapers published in such county or city and 
county so much thereof as may be applicable to his 
county, including a statement of the township offices 
in the county for which candidates are to be nomi- 


CALIFORNIA ELECTION LAWS 73 

nated and a statement of the number of members of 
the county central committee to be elected by each 
political party in each supervisorial or assembly dis¬ 
trict, as the case may be, according to the provis¬ 
ions of subdivision 4 of section 24 of this act. 

When City Clerk Acts 

3. In the case of primary elections other than 
the August primary elections the city clerk or sec¬ 
retary of the legislative body of the political sub¬ 
division for which such primary elections shall be 
held shall cause one publication of such notice to 
be given, such publication to be not more than 
forty and not less than fourteen days before such 
primary election. 

Nomination Papers, Circulating, Appointing Verifi¬ 
cation Deputies. 

Sec. 5. 1. The name of no candidate shall be 

printed on an official ballot to be used at any pri¬ 
mary election unless at least forty days prior to the 
primary election, if the candidate is to be voted for 
at the August primary election or the May presi¬ 
dential primary election, and at least twenty-five 
days prior to the primary election, if the candidate 
is to be voted for at a primary election other than 
the August or May primary election, a nomination 
paper nominating such candidate shall have been 
prepared, circulated, signed, verified and left with 
the county clerk for examination, or for examina¬ 
tion and filing, in the manner provided by this 
act. 

2. (a) The candidate may appoint verification 

deputies to serve within the county or city and 
county in which such deputies reside in securing 
signatures to his nomination paper for nomination 
to the office for which he is a candidate, and the 
verification deputies thus appointed shall be rec¬ 
ognized as the duly authorized verification deputies 
to secure signatures to the nomination paper of such 
candidate in such county or city and county. The 
document in which such verification deputies are 
appointed as herein provided shall be filed with 
the county clerk of the county or city and county 
in which such verification deputies reside, at or be- 


When 
City Clerk 
Publishes 


Time 
Limit 
for Filing 
Nomination 
Papers 


Verification 

Deputies 


Form for 
Appointing 
Verification 
Deputies 
When and 
Where Filed 


74 


CALIFORNIA ELECTION LAWS 


Omission 
of Party 


fore the time the nomination paper of the candi¬ 
date is left with the county clerk for filing or for 
examination as provided in subdivision 4 of this 
section. Said document shall be in substantially the 
following form: 

I, the undersigned, a candidate for the.party 

nomination for the office of., which nomination 

is to be made by direct vote at a primary election 

to be held on the.day of August, 19., do 

hereby appoint the following registered qualified 

electors of the county of ., as verification 

deputies to obtain signatures in said county to a 
nomination paper placing me in nomination as a 
candidate of said..party for said office of.-.—.. 

VERIFICATION DEPUTIES 
Names. Residence. 


Etc. Etc. 

(Signature) . 

(Residence) . 

Filed in the office of the county clerk of. 

county this.day of., 19._..... 

., County Clerk. 

By., Deputy. 

Additional Verification Deputies 

In case it is desired to appoint additional veri¬ 
fication deputies to secure signatures to the nomin¬ 
ation paper of such candidate, one or more similar 
documents may be filed to supplement the first 
document. When the office for which the candi¬ 
date is. proposed is a judicial, school, county, town¬ 
ship or municipal office, the words “.party ’ 1 

and the words “of said.party,” shall be 

omitted from said document. Or, as an alternative 
to the foregoing portion of this section and sub¬ 
division, verification deputies may be appointed in 
behalf of a candidate as follows: 

































CALIFORNIA ELECTION LAWS 


/5 


Committee—Appointing Verification Deputies 

2 (b). Any five qualified electors of any county or 
city and county who are registered as intending to 
affiliate with the same political party may join in 
proposing a candidate for nomination to any office 
to be voted on in such county or city and county 
at the next ensuing primary election, and in ap¬ 
pointing verification deputies to serve within such 
county or city and county in securing signatures to 
the nomination paper of such candidate for such 
office. If the office is an office the candidate for 
which is to be voted on in more than one county, 
he may be proposed for nomination as herein pro¬ 
vided by five of the registered qualified electors in 
each of the counties in which such electors may 
desire to circulate a nomination paper in his be¬ 
half. The signatures of the said five qualified elec¬ 
tors shall be verified free of charge before any of¬ 
ficer authorized to administer an oath, and the docu¬ 
ment containing such signatures shall be filed with 
the county clerk of the county or city and county 
in which said five qualified electors reside, at or 
before the time the nomination paper of the candi¬ 
date is left with the county clerk or registrar of 
voters for filing or for examination as provided in 
subdivision 4 of this section. In said document 
the five signers shall make affidavit that the candi¬ 
date therein named for the office therein specified 
has given his consent to be thus proposed for nom¬ 
ination to such office, and shall also state that the 
verification deputies therein appointed are duly 
registered qualified electors of said county or city 
and county; and the verification deputies therein 
appointed shall be recognized as the duty authorized 
verification deputies to secure signatures to the 
nomination paper of such candidate in such county 
or city and county. Said document shall be sub¬ 
stantially in the following form: 


Committee 
to Propose 
Candidate 


Consent of 
Candidate 


State of California, 
County of. 



We, the undersigned, do solemnly swear (or af¬ 
firm) that we are each qualified electors of the 
county of., State of California, and that 




76 


CALIFORNIA ELECTION LAWS 


Form 
Used by 
Committee 


we are each registered as intending to affiliate with 

the....party; and we do hereby 

propose..., who resides at No. 

.street in the city of (or in the 

town of)., county of ., 

as a candidate for the nomination of such party for 

the office of., to be voted for at the 

primary election to be held on the.day 

of August, 19.; and we do solemnly swear (or af¬ 
firm) that said.has con¬ 

sented to this proposal of his name as candidate for 
the nomination for said office. We hereby appoint 
the following registered qualified electors of this 
county as verification deputies to obtain signatures 
in this county to the nomination paper of said 
... to said office of 


VERIFICATION DEPUTIES 
Name. Residence. 


etc. 

(Signed) 

Name. 


etc. 


Residence. 


Subscribed and sworn to before me this.. 

day of..., 19. 

Notary Public (or other official). 

(Seal) 
















































CALIFORNIA ELECTION LAWS 


77 


In case it is desired to appoint additional verifica¬ 
tion deputies to secure signatures to the nomination 
paper of said candidate, one or more similar docu¬ 
ments may be filed, to supplement the first docu¬ 
ment. When the office for which the candidate is 
proposed is a judicial, school, county, township, or 
municipal office, the provisions of this subdivision 
shall apply, except that the five qualified electors 
shall make no statement of their party affiliation 
and may be affiliated with different parties or no 
parties; and the candidate proposed for nomination 
shall not be so proposed as the candidate of any 
party. 

Time of Circulating Papers 

3. Verification deputies appointed as provided in 
subdivision 2 of this section to obtain signatures to 
the nomination paper of any candidate for any of¬ 
fice to be voted for at any primary election, may, 
at any time not more than sixty-five days nor less 
than forty days prior to such election, obtain sig¬ 
natures to such nomination paper of such candidate 
for such office; each signer of a nomination paper 
shall sign but one such paper for the same office', ex¬ 
cept that in case two or more persons are to be 
elected to the same office at the same election, an 
elector may sign the nomination papers of as many 
persons as there are persons to be elected to such 
office, and such act on the part of such elector shall 
not be deemed in conflict with the signer’s state¬ 
ment hereinafter provided. In the case of primary 
elections other than August primary elections or 
May presidential primary elections, signatures may 
be obtained not more than forty days nor less than 
twenty-five days prior to such election. 

Duty of Verification Deputy—Contents of Papers— 
Form 

He shall also declare his intention to support 
such candidate for nomination, and shall add his 
place of residence, giving his street and number if 
any. His election precinct shall also appear on the 
paper just preceding his name, and he shall write 
the date of his signature at the end of the line 
just after his residence. Any nomination paper may 


When 

Appointing 

Additional 

Deputies 


Time for 

Obtaining 

Signatures 


Support of 
Candidate 


8 


CALIFORNIA ELECTION LAWS 


What 

Nomination 

Paper 

Contains 


Verified 

Free 

When 

Signatures 

Are 

Genuine 


Arrangement 
of Sections 
and Filing 


be presented in sections, but each section shall con¬ 
tain the name of the candidate and the name of 
the office for which he is proposed for nomination. 
Each section shall bear the name of the city or 
town, if any, and also the name of the county or 
city and county, in which it is circulated, and only 
qualified electors of such county or city and county, 
registered as intending to affiliate with the political 
party by which the nomination is to be made shall 
be competent to sign such section. Any section cir¬ 
culated within any incorporated city or town shall 
be signed only by registered qualified electors of 
such city or town. Each section shall be prepared 
with the lines for signatures numbered, and shall 
have attached thereto the affidavit of the verifica¬ 
tion deputy who has obtained signatures to the 
same, stating that all the signatures to the attached 
section were made in his presence, and that to the 
best of his knowledge and belief, each signature to 
the section is the genuine signature of the person 
whose name it purports to be; and no other affidavit 
thereto shall be required. The affidavit of any veri¬ 
fication deputy obtaining signatures hereunder shall 
be verified free of charge by any officer authorized 
to administer an oath. Such nomination paper so 
verified shall be prima facie evidence that the sig¬ 
natures thereto appended are genuine and that the 
persons signing the same are registered qualified 
electors, unless and until it is otherwise proven 
by comparison of such signatures with the affidavits 
of registration in the office of the county clerk or 
registrar of voters. Each section of the nomina¬ 
tion paper, after being verified, shall be returned 
by the verification deputy who circulated it to one 
of the five electors by whom the said verification 
deputy was appointed; and in this manner all the 
sections circulated in any county shall be collected 
by said five electors of that county and shall 
be by them arranged for filing or for examination, 
as provided in subdivision four of this section, and 
shall then be by some one of them filed or left 
for examination and filing. In case said verification 
deputy was appointed directly by the candidate ac¬ 
cording to the provisions of subdivision 2 (a) 

of this section, the collecting, arranging, and filing, 



CALIFORNIA ELECTION LAWS 


79 


or leaving for examination and filing of the sec¬ 
tions of the nomination paper shall be done by the 
candidate, or on his behalf, instead of by the “five 
electors’’ as hereinbefore provided. Each section 
of the nomination paper shall be in substance as 
follows: 

County of.city (or town) of.( if any). 

Nomination paper of., candidate for...... 

party nomination for the office of... 

State of California, 


County of 


ss. 


SIGNER’S STATEMENT 

I, undersigned, am a qualified elector of the city 
(or town) of., county of., State of Cali¬ 

fornia, and am registered as intending to affiliate 

with the.—..party; and I hereby nominate... 

who resides at No.street, city of., 

county of., State of California, as a candi¬ 
date for the nomination of the.party for the 

office of.. to be voted for at the primary elec¬ 
tion to be held on the.day of August, 19. 

I have not signed the nomination paper of any 
other candidate for the same office, and I further 
declare that I intend to support for such nomina¬ 
tion the candidate named herein. 

I furthermore declare that I have not signed 
the nomination paper of this candidate or any other 
candidate for office, as candidate of any other 
party at such primary election. 


No. 

Precinct 

Signature 

Residence Date 

1 





2 





3 . 





4 . 





5 . 





Etc. ( 










VERIFICATION DEPUTY’S AFFIDAVIT 

I, ., solemnly swear (or affirm) that I have 

been appointed according to the provisions of sub¬ 
division 2, section 5, of the direct primary law, 
as a verification deputy to secure signatures in the 
county of. to the nomination paper of... 


Form of 
Statement 


Form of 
Affidavit 






































80 CALIFORNIA ELECTION LAWS 

as candidate for the nomination of the.party 

for the office of.; that all the signatures on 

this section of said nomination paper, numbered 
from 1 to .inclusive, were made in my pres¬ 

ence, and that, to the best of my knowledge and 
belief, each of said signatures is the genuine signa¬ 
ture of the person whose name it purports to be. 

(Signed) . 1 

Verification deputy. 

Subscribed and sworn to before me this.day 

of., 19. 

(Seal) . \ 

Notary public (or other official). 


No Party 
to Appear 
on Non- 
Partisan 
Nomination 
Paper 


When No Party Shown 

In the case of a nomination paper for any can¬ 
didate for a judicial, school, county, township or 
municipal office, the provisions of this subdivision 
shall apply, except that no such nomination paper 
nor any section thereof shall contain the name of 
any political party and any nomination paper for 
any candidate for a judicial office, school office, 
county office, township office, or municipal office 
may be signed by any registered qualified elector of 
the county or city and county, whether registered as 
being affiliated with any, or with no, political party. 


Sections 

Assembled 

and 

Indexed 


Indexing and Binding of Nomination Papers 

4. Prior to the filing of a nomination paper for 
any candidate, the sections thereof must be num¬ 
bered in order and fastened together by cities or 
towns or portions of the county not included in 
such cities or towns, substantially in the manner re¬ 
quired for the binding of affidavits of registration 
by the provisions of section 1113 of the Political 
Code; provided, that the sections of the nomination 
paper may be preceded by an index of precincts, 
arranged by cities, towns or outside territory in the 
numerical or alphabetical order of such precincts 
for each such city, town or outside territory and 
showing after the name or number of such pre¬ 
cinct the numbers of the sections on which the 
names of the electors registered in such precinct 
are to be found, and after the number of each sec¬ 
tion; the number (in parenthesis) of times such 











CALIFORNIA ELECTION LAWS 


81 


names are 
index shall 

to be so found on such section. Such 
be in substantially the following form: 
City of . 

No. 

of Precinct 

Numbers of Sections 
Containing Voters of Precinct 

9 

1 (3 times) 2 (5 times) 3 (7 times) etc. 
1 (4 times) 2 (0 times) 3 (6 times) etc. 


etc.I etc. 


etc. 


etc. 


Town of . 

OUTSIDE TERRITORY 


Additional Provisions for Binding—Duty of County 
Clerk 

And provided, further, that for all nominations of 
candidates to be voted for in more than one county, 
or throughout the entire state, the nomination pa¬ 
pers, properly assembled, may be consolidated and 
fastened or bound together by counties; but in no 
case shall nomination papers signed by electors of 
different counties be fastened or bound together. 
The county clerk or registrar of voters of any coun¬ 
ty or city and county shall examine all nomination 
papers herein provided for which purport to have 
been signed by electors of his county or city and 
county, and shall disregard and mark “not suffi¬ 
cient ” any name appearing on such paper or papers 
which does not appear in the same handwriting on 
an affidavit of registration in his office made on or 
before the date when such name was signed, or 
which except in the case of nomination papers of 
candidates, for judicial, school, county, township 
or municipal offices, the signers of which may be 
registered as of any or no party does not ap¬ 
pear on said affidavit as intending to affiliate with 
the party named in such nomination papers. Such 
officer shall, within five days after any nomination 
papers are filed with him or left for examination, 
examine the same as herein provided, and affix 
thereto a certificate reciting that he has examined 
the same and stating the number of names signed 
thereto which have not been marked “not sufficient ’ ’ 
as hereinabove provided, AH nomination papers 


Form of 
Index 


When 
Bound 
by County 


When 

Clerk 

Marks 

“Not 

Sufficient” 


Time Limit 
for Exam¬ 
ination 
Five Days 













82 


CALIFORNIA ELECTION LAWS 


When 
Left for 
Examination 


When 
Sent to 
Secretary 
of State 


Nomination 
Papers for 
City 

Candidates 
When Left 
for 

Examination 

When 
Sent to 
City Clerk 

Verification 

of 

Signatures 


Candidates 
Affidavit 
When and 
Where Filed 

What 

Affidavit 

Contains 


which by this act are required to be filed in the 
office of the secretary of state, shall be left with 
the county clerk or registrar of voters for exam¬ 
ination, as above provided, at least forty days 
prior to the August primary election or the May 
presidential primary election, and shall, with such 
certificate of examination attached, within five 
days after being so left, be forwarded by such 
county clerk or registrar of voters to the secretary 
of state, who shall receive and file the same. All 
nomination papers which by this act are required 
to be filed in the office of the city clerk or secre¬ 
tary of the legislative body of any city or mu¬ 
nicipality shall be left with the county clerk or 
registrar of voters for examination, as above pro¬ 
vided, at least twenty-five days prior to the pri¬ 
mary election at which such nominations are to be 
made, and shall, with such certificate of examina¬ 
tion attached, within five days after being so left 
be forwarded by such county clerk or registrar of 
voters to the city clerk or secretary of the legis¬ 
lative body of such city or municipality who shall 
receive and file the same. The verification of sig¬ 
natures to nomination papers shall not be made by 
the candidate, nor by any county clerk, or regis¬ 
trar of voters, nor by any of the deputies in the 
office of such county clerk or registrar of voters, 
nor within one hundred feet of any election booth, 
polling place, or any place where registration of 
electors is being conducted. Each candidate on or 
before the thirty-fifth day prior to the August pri¬ 
mary election or the May presidential primary elec¬ 
tion, or on or before the twenty-fifth day prior to 
any other primary election, shall file in the place 
where his nomination paper is required to be filed, 
as provided in section 6 of this act, his affidavit, 
stating his residence, with street and number, if 
any; his election precinct; that he is a qualified 
elector in the election precinct in which he resides; 
the name of the office for which he is a candidate; 
that he will not before said primary election with¬ 
draw as a candidate for nomination and that if 
nominated he will accept such nomination and not 
withdraw and that he will qualify as such officer 
if nominated and elected; and he shall also make 





CALIFORNIA ELECTION LAWS S3 

the statement required in subdivision 5 of section 
6 of this act. Nothing in this act contained shall 
be construed to limit the rights of any person to 
become the candidate of more than one political 
party for the same office upon complying with the 
requirements of this act, but no person shall be en¬ 
titled to become a candidate for more than one 
office at the same election. No more than one affi¬ 
davit need be filed by any candidate, even though 
he is the candidate for nomination by more 
than one political party. In no case shall the sec¬ 
retary of state, county clerk, or city clerk, place 
the name of any candidate on this ballot or certify 
any such name to be placed thereon unless the re¬ 
quisite affidavit has first been filed as herein pro¬ 
vided. 

Signatures 

5. Except in the case of a candidate for nomina¬ 
tion to a judicial office, school office, county office, 
or township office, nomination papers shall be signed 
as follows: If the candidate is the candidate for 
an office to be voted on throughout the state, by not 
less than one half of one per centum and not more 
than two per centum of the vote constituting the 
basis of percentage as defined in subdivision 6 of 
this section of the party of the candidate seek¬ 
ing nomination, within the state; if the candi¬ 
date is the candidate for an office to be voted on in 
some political subdivision of the state, but not 
throughout the state, by not less than one per cen¬ 
tum nor more than two per centum of the vote 
constituting the basis of percentage, as defined in 
subdivision 6 of this section, of the party of the 
candidate seeking nomination within said political 
subdivision in which such candidate seeks nomina : 
tion. 

Figuring Percentages 

6. Except in case of a candidate for nomination 
to a judicial, school, county, township or municipal 
office, the basis of percentage in each political party 
shall be the vote polled for such party’s candidate 
for governor, at the last preceding November elec¬ 
tion at which a governor was elected, in the state 


One 

Affidavit 

Only 


Number of 
Signatures 
Required 


How Party 
Percentage 
is Figured 


84 


CALIFORNIA ELECTION LAWS 


When 

County 

Clerk 

Determines 

Vote 


When 
Secretary 
of State 
Determines 
Vote 


or in that political subdivision for which the can¬ 
didate is proposed for nomination; provided, that 
such candidate for governor was the candidate for 
such political party alone. If such party’s candidate 
for governor was not the candidate for such party 
alone, the basis of percentage shall be the vote polled 
at said election by that one of such party’s candi¬ 
dates voted on throughout the state who received 
the greatest number of votes of all of such party’s 
candidates who were the candidates of such party 
alone. But if no candidate voted on throughout 
the state was the candidate of such party alone, 
then the basis of percentage shall be the vote polled 
at said election by that one of such party’s candi¬ 
dates voted on throughout the state who received 
the greatest number of votes of all of such party’s 
candidates who were the candidates of such party 
in conjunction with one or more other parties. 

Determination of Vote by County Clerk or Secre¬ 
tary of State 

7. Whenever by rearrangement of political sub¬ 
divisions of the state by any legislature, board of 
supervisors or other legislative body, the boundaries 
of such political subdivisions are changed, the vote . 
polled for governor at the last preceding guber¬ 
natorial election by each party in each of the new 
political subdivisions shall be determined as fol¬ 
lows: If the change occurs wholly within any 

county or city and county, the county clerk or reg¬ 
istrar of voters of such county or city and county 
shall determine as nearly as possible such vote of 
each party in the new political subdivisions by add¬ 
ing together for each party the vote for such party’s 
candidate for governor in each of the former pre¬ 
cincts which now are combined to make up such 
new political subdivision. If the change occurs 
outside the limits of any county or city and county, 
the secretary of state shall determine such vote of 
each party in such new political subdivision by add¬ 
ing together for each party the vote for such 
party’s candidate for governor in the counties 
which now are combined to make up such new po¬ 
litical subdivision. In the same way that the high¬ 
est vote for each party in each new political sub- 




CALIFORNIA ELECTION LAWS 


85 


division is ascertained, shall also be ascertained the 
total vote at such election as is required to be de¬ 
termined by the provisions of subdivision 8 of 
this section. Every political party qualified to par¬ 
ticipate in the primary election by the provisions 
of subdivision 9 of section 1 of this act, for 
nomination by which party there shall have been 
filed nomination papers for one or more candidates 
containing a sufficient number of signatures, shall 
be entitled to a separate party ticket at the primary 
election; but all such party tickets must be alike 
in the designation of candidates for judicial, school, 
county, and township offices. 

Signatures for Judicial, School, County, Township, 
Municipal Offices 

8. In the ease of a candidate for nomination to 
a judicial, school, county, township or municipal 
office, nomination papers shall be signed by not less 
than one-half of one per centum, nor more than two 
per centum of the total vote cast at the last general 
election in the state or political subdivision thereof 
in which such candidate for judicial or school, 
county, or township office seeks nomination. 


What 

Parties 


Number of 
Signatures 
Required 


Independent Candidates 

9. Nothing herein shall be construed as prohib¬ 
iting the independent nomination of candidates as 
provided by section 1188 of the Political Code, as 
said section reads at the time of said nomination; 
except that a candidate for whom a nomination paper 
has been filed as one of the candidates for nomination 
to any office on the ballots of any political party at 
a primary election held under the provisions of this 
act, and who is defeated for such party nomina¬ 
tion at such primary election, shall be ineligible for 
nomination as an independent candidate or as a 
candidate named by a party central committee to 
fill a vacancy as provided in section 25 of 
this act, for the same office at the ensuing general 
election; and no person shall be perrtiitted to file 
nomination papers for a party nomination and an 
independent nomination for the same office, or for 
more than one office at the same election. Nor shall 
any person whose name has been written in upon 


Prohibiting 

Certain 

Independent 

Candidates 


CALIFORNIA ELECTION LAWS 


Record of 

Nomination 

Papers 


In Office of 
Secretary 
of State 


In Office of 

County 

Clerk 


City 

Clerk’s 

Office 


86 

any ballot or ballots for any office at any primary 
election, have his name placed upon the ballot as a 
candidate for such office at the ensuing general 
election, except under the provisions of said sec- | 
tion 1188 of the Political Code or of section 25 of this j 
act providing for the filling of vacancies by party 
central committees, unless at such primary election 
he shall have received for such office votes equal in 
number to the minimum number of signatures to | 
the nomination paper which would have been re¬ 
quired to be filed to have placed his name on the 
primary ballot as a candidate for nomination to 
such office. 

Record Kept 

10. The officer with whom nomination papers 
are filed shall keep a record in which he shall enter 
the names of every person presenting the same for 
filing, the name of the candidate, the title of the 
office, the party, if any, and the time of filing. (Ap¬ 
proved April 11, 1919.) 

Nomination Papers, Where Filed 

Sec. 6. All nomination papers provided for by 
this act shall be filed as follows: 

1. For state officers, United States senators, rep¬ 
resentatives in congress, members of the state sen¬ 
ate and assembly, delegates to state conventions 
from “hold-over senatorial districts” and all offi¬ 
cers voted for in districts comprising more than one 
county, in the office of the secretary of state. 

2. For officers to be voted for wholly within one 
county or city and county, except representatives 
in congress, delegates to state conventions from 
“hold-over senatorial districts” and members of 
the state senate and assembly, in the office of the 
county clerk of such county or in the office of the 
registrar of voters in such city and county. 

3. For city officers, in the office of the city 
clerk or secretary of the legislative body of such 
city or municipality. 

4. When a nomination paper or sections thereof 
shall have been received which contain a number of 
signatures equal to two per centum of the vote con¬ 
stituting the basis of percentage as provided in 




CALIFORNIA ELECTION LAWS 


87 


subdivisions 5, 6 and 8 of section 5 of this act, the 
officer with whom such papers are required to be 
filed shall not receive or file further sections of the 
nomination paper for the candidate named therein. 

Limiting Number of Signatures 

5. No more signatures shall be secured for any 
candidate than a number equal to three per centum 
of the vote constituting the basis of percentage as 
provided in subdivisions 5, 6, and 8 of section 5 of 
this act; provided, that if, through miscalculation 
or otherwise, more signatures are secured than the 
said three per centum, all sections of the nomina¬ 
tion paper containing signatures in excess of said 
three per centum must be sent to the candidate; 
and before any nomination paper is filed as pro¬ 
vided in this section, the candidate must notify 
each signer of such excess sections that his name 
has not been used; and in the affidavit required to 
be filed in subdivision 4 of section 5 of this act, 
affiant must state whether he has complied with the 
provisions contained in subdivision 5 of section 6 
of this act. (Approved April 11, 1919.) 

Candidates’ Fees for Filing 

Sec. 7. 1. A filing fee of fifty dollars shall be 

paid to the secretary of state by each candidate for 
state office or for the United States senate, except 
as otherwise provided in this section. 

2. A filing fee of twenty-five dollars shall be 
paid to the secretary of state by each candidate for 
representative in congress or for any office, except 
member of state senate and assembly, to be voted 
for in any district comprising more than one county. 

3. A filing fee of ten dollars shall be paid to the 
secretary of state by each candidate for the state 
senate or assembly. 

4. A filing fee of ten dollars shall be paid to the 
county clerk or registrar of voters in any city and 
county when the nomination paper or papers and 
affidavit of any candidate to be voted for wholly 
within one county or city and county are filed with 
such county clerk or registrar of voters. 

5. A filing fee of ten dollars shall be paid to the 
City clerk or secretary of the legislative body of any 


No Papers 
With Over 
2 % 

Received 


No More 
than 3 % 
to be 
Secured 


When 

Candidate 

Notifies 


Fees Vary 


Senate 

and 

Assembly 


Wholly 

Within 

County 


City Fees 


When no 
Fee 


Must 
Pay Fee 


Write-in 
Nominee 
Pays Fee 


Separate 
Fees for 
Each Party 


88 CALIFORNIA ELECTION LAWS 

municipality when the nomination paper or papers 
and affidavit of any candidate for a city office are 
filed with such clerk or secretary of such legisla¬ 
tive body. 

No Fee 

6. No filing fee shall be required from any per¬ 
son to be voted for at the May presidential pri¬ 
mary election, or from any candidate for an office 
to the holder of which no fixed compensation is re¬ 
quired to be paid, or for township or municipal offi¬ 
ces the compensation to the holder of which does not 
exceed the sum of six hundred dollars per annum. 

No Filing Unless Fee Paid 

7. In no case shall the secretary of state, county 
clerk, registrar of voters, or city clerk, receive any 
nomination papers for filing until the requisite fee 
for such filing, as prescribed in this section, has first 
been paid to him. 

Fee of Nominee Written In 

8. When a person for whom a nomination paper 
has not been filed is nominated for an office by 
having his name written on a primary election bal¬ 
lot, he must pay the same filing fee that would have 
been required if his nomination paper had been 
filed; otherwise his name must not be printed on 
the ballot at the ensuing general election. 

Fees of Party Candidates 

9. When a candidate for nomination to office is 
proposed for nomination by more than one political 
party, he must pay a separate filing fee for each 
party in which he is proposed for nomination; or 
if, having filed a nomination paper for one party, 
he is nominated by another party by having his 
name written on a primary election ballot, he must 
pay the same filing fee for such other party nom¬ 
ination that would have been required if his nom¬ 
ination paper for such other party had been filed; 
otherwise his name shall not be printed on the 
general election ballot as the nominee of such other 
party, 




CALIFORNIA ELECTION LAWS 80 

Payment of Fees to Treasurer (City, County or 
State) 

Sec. 8. The county clerk shall immediately pay 
to the county treasurer and the registrar of voters 
in any city and county shall immediately pay to the 
city and county treasurer all fees received from 
candidates. The city clerk or secretary of the leg¬ 
islative body of any municipality shall immediately 
pay to the city treasurer all fees received from 
candidates. Within ten days after the primary 
election the secretary of state shall pay to the 
state treasurer all fees received from candidates 
and shall apportion the fees paid to him by each 
candidate equally among the counties within which 
such candidate is to be voted for, and certify 
such apportionment to the state controller, who 
shall issue warrants on the state treasurer for the 
amount due each county and the state treasurer 
shall pay the same. 

Expense of Election Supplies, How Paid 

Sec. 9. The expense of providing all ballots, 
blanks and other supplies to be used at any primary 
election provided for by this act and all expenses 
necessarily incurred in the preparation for or the 
conduct of such primary election shall be paid out 
of the treasury of the city, city and county, county 
or state, as the case may be, in the same manner, 
with like effect and by the same officers as in the 
case of general elections. 

Certified List of Candidates—Duty of Secretary of 
State and County Clerk—Publication 

Sec. 10. At least thirty days before any August 
primary election preceding a November election or 
before any May presidential primary election the 
secretary of state shall transmit to each county 
clerk or registrar of voters in any city and county 
a certified list containing the name and postoffiee 
address of each person for whom nomination papers 
have been filed in the office of such secretary of 
state, including the candidate for delegate to a state 
convention, if any, from a il hold-over senatorial 
district” and who is entiled to be voted for in such 


Paid by 
Clerk to 
T reasurer 


Paid by 
Secretary 
of State 
to State 
T reasurer 


Warrants 
to Counties 


Paid for as 

General 

Elections 


Certified 
List from 
Secretary of 
State to 
County Clerk 


Names and 
Addresses 


00 


CALIFORNIA ELECTION LAWS 


Immediate 
Publication 
by County 
Clerk 


What 

Publication 

Contains 


Times 

Published 


county at such primary election, together with a 
designation of the office for which such person is 
a candidate and except in the case of a judicial 
office, or a school office of the party or principle 
he represents. Such county clerk or registrar of 
voters shall forthwith, upon receipt thereof, publish 
under the proper party designation the title of 
each office (except a judicial office or a school of¬ 
fice) which appears upon the certified list trans¬ 
mitted by the secretary of state as hereinbefore 
provided, together with the names and addresses of 
all persons for whom nomination papers have been 
filed for each of said offices in the office of the 
secretary of state, and also the names of all can¬ 
didates for the county central committee, filed in 
the office of the county clerk or registrar of voters. 
He shall also publish the title of each judicial of¬ 
fice, school office, county office, and township office, 
together with the names and addresses of all per¬ 
sons for whom nomination papers have been filed 
for each of said offices, either in the office of the 
secretary of state or in the office of the county 
clerk or registrar of voters, and shall state that 
candidates for said judicial, school, county, and 
township offices may be voted for at the primary 
election, by any registered, qualified elector of the 
county, whether registered as intending to affiliate 
with any political party or not. He shall also pub¬ 
lish the date of the primary election, the hours 
during which the polls will be open, and that the 
primary election will be held at the legally desig¬ 
nated polling places in each precinct, which shall be 
particularly designated. It shall be the duty of 
the county clerk or registrar of voters in any city 
and county to cause such publication to be made 
one each week for two successive weeks prior to 
said primary election. 


Political 

Affiliations 

of 

Newspapers 


Medium of Publication 

Sec. 11. Every publication required by this act 
shall be made in not more than two newspapers of 
general circulation published in such county or city 
and county, and one of such newspapers shall repre¬ 
sent the political party that cast at the last pre¬ 
ceding general election the highest number of votes 



CALIFORNIA ELECTION LAWS 


91 


in such county or city and county, and one of such 
newspapers, if any, shall represent the party which 
cast the next highest number of votes at such elec¬ 
tion. In any case where the publication of the no¬ 
tices provided for by this act can not be made as 
hereinbefore provided it shall be made in any 
newspaper having a general circulation in the city 
or county in which the notice is required to be 
published. 

Ballots—Tints 

Sec. 12. 1. All voting at primary elections within 

the meaning of this act shall be by ballot. A sepa¬ 
rate official ballot for each political party shall be 
printed and provided for use at each voting pre¬ 
cinct; but all such party ballots must be alike in 
the designation of candidates for judicial, school, 
county, and township offices. The ballots must 
have a different tint or color for each of the po¬ 
litical parties participating in the primary election. 
There shall also be printed and provided a non-parti¬ 
san ballot of a different tint and color from all the 
others (or white, if all the others are colored), 
which shall contain only, but in like manner, all the 
candidates for judicial, school, county, and town¬ 
ship offices to be voted for at the primary election; 
and one of the non-partisan ballots shall, at the pri¬ 
mary election, be furnished to each registered qual¬ 
ified elector who is not registered as intending to 
affiliate with any one of the political parties par¬ 
ticipating in said primary election; but to any elec¬ 
tor registered as intending to affiliate with any po¬ 
litical party participating in the primary there shall 
be furnished, not a non-partisan ballot, but a bal¬ 
lot of the political party with which said elector 
is registered as intending to affiliate. 

Clerk Provides Ballots—Official Paper 

It shall be the duty of the county clerk of each 
county or of the registrar of voters in any city 
and county to provide such printed official ballots 
to be used at any August primary election for the 
nomination of candidates to be voted for in such 
county or city and county at the ensuing November 
election and at any May presidential primary elec- 


Separate 
Ballots 
for each 
Party and 
Non- 
Partisan 

Different 
Colors of 
Paper 


Who 

Receives 

Non- 

Partisan 

Ballot 


County 
Clerk or 
Registrar 
Provides 


92 


CALIFORNIA ELECTION LAWS 


When 
Duty of 
City Clerk 


Official 

Ballot 

Paper 

Used 


Width and 
Arrange¬ 
ment 


Heading 


tion. It shall be the duty of the city clerk or j 
secretary of the legislative body of any municipal- I 
ity to provide such printed official ballots for any j 
primary election other than the August primary I 
election or the May presidential primary election. 
Such official ballots to be used at any primary elec- ; 
tion shall be printed on official paper, furnished by 
the secretary of state, in the manner provided by 
section 1196 of the Political Code, and in the 
form hereinafter provided. The names of all candi¬ 
dates for the respective offices for whom the pre¬ 
scribed nomination papers have been duly filed shall 
be printed thereon. 

Size and Form of Ballot 

2. Official primary election ballots used at any 
primary election for the nomination of candidates 
to be voted for at any presidential or general state 
election, except as provided in subdivision 5 of this 
section, shall be as long as the herein prescribed 
captions, headings, party designations, directions to 
voters and lists of names of candidates, properly 
subdivided according to the several offices to be 
nominated for, may require; and no official primary 
election ballot shall be less than six and one half 
inches wide. 

Ballot Heading 

3. Across the top of the ballot shall be printed 
in heavy faced gothic capital type, not smaller than 
forty-eight point, the words: “ Official Primary 
Election Ballotproviding, that on a non-partisan 
ballot said words may be printed in gothic capital 
type not smaller than twenty-four point. Beneath 
this heading shall be printed in heavy faced gothic 
capital type, not smaller than twenty-four point, the 
party designation if it be a party ballot; or, in the 
case of a ballot containing the names of no candi¬ 
dates except candidates for a judicial, school, 
county, or township office, the words “Non-Parti¬ 
san Ballot. ” Beneath the party designation or the 
words 1 ‘ Non-partisan ballot, ’ ’ as the case may be, 
insert the respective number of the congressional, 
senatorial, or assembly district in which the ballot 
is to be voted, in black-face type, as large as the 




CALIFORNIA ELECTION LAWS 93 

width of the ballot shall make possible. In the ease 
of official primary election ballots to be used at 
any primary election held for the nomination of 
candidates other than those to be voted for at a 
presidential or a general state flection, and on 
which, in accordance with the provisions of this 
act, the names of candidates may be printed in a 
single column or in two parallel columns, as the 
case may be, the words “ Official Primary Election 
Ballot” shall be printed thereon in heavy-faced 
gothic capital type, not smaller than twenty-four 
point. The party or non-partisan designation shall 
be printed in heavy-faced gothic capital type, not 
smaller than eighteen point. The instructions to 
voters shall be printed in ten point gothic type. 

Instructions 

4. At least three-eighths of an inch below the 
district designation shall be printed in ten point 
gothic type, double leaded, the following instructions 
to voters: “To vote for a person whose name appears 
on the ballot, stamp a cross (X) in the square at 
the right of the name of the person for whom you 
desire to vote. To vote for a person whose name 
is not printed on the ballot, write his name in the 
blank space provided for that purpose.” 

Arrangement of Names on Ballot—On Tally Lists 

5. The instructions to voters shall be separated 
from the lists of candidates and the designations of 
the several offices to be nominated for by one light 
and one heavy line or rule. The names of the candi¬ 
dates and the respective offices shall, except as may 
be hereinafter otherwise provided, be printed on the 
ballot in four or more parallel columns, each two 
and one half inches wide. The number of such par¬ 
allel columns shall be exactly divisible by two, and 
such parallel columns shall be equally divided on 
the ballot for party and non-partisan tickets by a 
solid black line, extending down from the printed 
lines separating the instructions to voters from the 
lists of names of candidates to the bottom margin 
of the ballot. In the case of a primary election for 
the nomination of candidates to be voted for at a 
presidential or general state election, the order of 


Heading 


Form of 
Instructions 


Dividing 

Lines 


94 


CALIFORNIA ELECTION LAWS 


Order of 
Names on 
Ballot 


Non- 
Partisan 
Portion on 
Right Hand 
side of 
Ballot 


precedence shall be as follows, that is to say: In 
the column to the left, under the heading STATE 
shall be printed the groups of names of candidates 
for state offices, except judicial and school offices, 1 
and for members of the state board of equalization. 

In the second column, under the heading CONGRES- > 
SIONAL shall be printed the groups of names for 
United States senator in congress, if any, and for 
representative in congress. Next, under the head- Pi 
ing LEGISLATIVE shall be printed the groups of ! 
names for state senator, if any, for member of as¬ 
sembly, and for election as delegate to the state con¬ 
vention from a “ hold-over senatorial district,” if )| 
any. Finally under the heading COUNTY COMMIT- ; ! 
TEE; shall be printed the names of the candidates i| 
for election to membership in the county central 
committee of the party. In the case of primary « 
elections where state officers are not to be nomin¬ 
ated, at the left of the solid black dividing line 
there may be only one column. In the parallel col- i 
umns to the right of the solid black dividing line 
shall be printed the groups of names of candidates * 
for nomination to judicial, school, county, and town- 1 
ship offices in the following order: Under the head- ! 
ing JUDICIAL shall be printed all the names of 
candidates for judicial offices, in the order of chief 
justice supreme court, associate justices supreme ;• 
court, judge of district court of appeals, judge of 
superior court and justice of the peace. Next, under ; 
the heading SCHOOL shall be printed all the names 1 
of candidates for school offices in the order of state s 
superintendent of instruction, superintendent of 
schools, and school district officers, if anv. Next, i 
under the heading COUNTY AND TOWNSHIP shall ! 
be printed the groups of candidates for all county. ; 
and township offices except judicial or school offices. 
In the case of primary elections where county of¬ 
ficers are not to be nominated, at the right of the 
solid black dividing line there may be only one 
column. The non-partisan ballot provided for in 
subdivision one of this section shall be identical as 
to offices and names of candidates with that por¬ 
tion of the party ballot which is printed to the 
right of the solid black dividing line hereinabove 
described. The tally sheets furnished to election of- 




California Election laws 


or> 


fleers shall have the names of offices and candidates 
arranged in the order in which said names of offices 
and candidates are printed on the ballots according 
to the provisions of this section and subdivision. In 
the case of primary elections for the nomination 
of candidates for city, city and county or municipal 
offices only, the groups of names of candidates may 
be printed in two parallel columns and the order of 
precedence shall be determined by the legislative 
body of such city or municipality or by th’e board 
of election commissioners of any such city and 
county. 

Non-Partisan Portion of Ballot 

6. The group of names of candidates for nomin¬ 
ation to any judicial office, school office, county office, 
or township office shall include all the names receiv¬ 
ing the requisite number of signatures on a nomin¬ 
ation paper for such office, and shall be identical 
for each such office on the primary election ballots 
of each political party participating at the primary 
election; but the groups of names of candidates for 
all other offices on the ballots of each political party 
shall comprise only the names of the candidates for 
nomination by such party. 

Names of Candidates—Order on Ballot 

7. The order in which the list of candidates for 
any office shall appear upon the primary election 
ballots shall be determined as follows: 

(a) If the office is an office the candidates for 
which are to be voted on throughout the entire state, 
including United States senator in congress, the 
secretary of state shall arrange the names of all 
candidates for such office in alphabetical order for 
the first assembly district; and thereafter for each 
succeeding assembly district, the name appearing 
first for each office in the last preceding district shall 
be placed last, the order of the other names remain¬ 
ing unchanged. If the office is that of representative 
in congress, or is an office the candidates for nom¬ 
ination to which are to be voted on in more than one 
county or city and county, but not throughout the 
entire state, except the office of state senator or 
assemblyman, the secretary of state shall arrange 


Names on 
Tallies 
Same Order 
as Ballot 


Non- 
Partisan 
Portion 
Same on 
All Ballots 


Alphabet¬ 

ical 

Arrange¬ 

ment 

Varies 


96 


List How 
Arranged 
by Secretary 
of State for 
County 
Clerk 


When 

Alphabetical 
by Super¬ 
visorial 
District 


When 

Alphabetical 
by Assembly 
District 


CALIFORNIA ELECTION LAWS 

the names of all candidates for such office in alpha¬ 
betical order for that assembly district which is 
lowest in numerical order of any assembly district 
in which such candidates are to be voted on; and 
thereafter for such succeeding assembly district in 
which such candidates are to be voted on, the name 
appearing first for such office in the last preceding 
district shall be placed last, the order of the other 
names remaining unchanged. In transmitting to 
each county clerk or registrar of voters the certified 
list of names as required in section 10 of this act, 
the secretary of state shall certify and transmit the 
list of candidates for nomination to each office ac¬ 
cording to assembly districts, in the order of ar¬ 
rangement as determined by the above provisions; 
and in the case of each county or city and county 
containing more than one assembly district, he shall 
transmit separate lists for each assembly district. 
Except for the office of state senator or assembly- 
man, the order in which the names filed with the 
secretary of state shall appear upon the ballot, shall 
be for each assembly district the order as deter¬ 
mined by the secretary of state in accordance with 
the above provisions, and as certified and trans¬ 
mitted by him to each county clerk or registrar of 
voters. 

Arrangement by Supervisorial or Assembly District 

(b) If the office is an office to be voted on 
throughout but wholly within, one county or city 
and county, except the office of representative in 
congress or state senator or assemblyman the county 
clerk of such county or the registrar of voters of 
such city and county, shall arrange the names of 
all candidates for such office in alphabetical order 
for the first supervisorial district; and thereafter 
for each supervisorial district, the name appearing 
first for each such office in the last preceding'su¬ 
pervisorial district shall be placed last, the order 
of the other names remaining unchanged; provided, 
there are no more than five assembly districts in 
such county or city and county. If there are more 
than five assembly districts in such county, or city 
and county, the county clerk or registrar of voters 
shall so arrange on the ballot the order of names 




CALIFORNIA ELECTION LAWS 


07 


of all candidates for such office that they shall ap¬ 
pear in alphabetical order for that assembly district 
in such county, or city and county, which is lowest 
in numerical order, and thereafter for each succeed¬ 
ing assembly district in such county, or city and 
county, the name appearing first for each office in 
the last preceding assembly district shall be placed 
last, the order of the other names remaining un¬ 
changed. 

\ • (c) If the office is that of state senator or as¬ 
semblyman, or delegate to the state convention from 
a ‘Miold-over senatorial district ,” or member of a 
county central committee, or any office except the 
office of representative in congress to be voted on 
wholly within any county or city and county but 
not throughout such county or city or county, the 
names of all candidates for such office shall be 
placed upon the ballot in alphabetical order. 

Arrangement of Municipal Ballots 

i (d) If the office is a municipal office in any city 
or town whose charter does not provide for the 
order in which names shall appear on the ballot, 
the names of candidates for such office shall be 
placed upon the ballot in alphabetical order. 

Publication—Order of Names 

8. In publishing the names and addresses of all 
candidates for whom nomination papers have been 
filed, as required in section 10 of this act, the 
county clerk or registrar of voters shall publish the 
names in the order in which they will appear upon 
the ballot; provided, that in counties or cities and 
bounties containing more than one assembly district 
the order of names of candidates shall be that of the 
assembly district in such county or city and county 
which is lowest in numerical order. 

Office Designation—Number Voted On 

9. Each group of candidates to be voted on shall 
be preceded by the designation of the office for 
which the candidates seek nomination, and the 
words “Vote for One ,, or “Vote for Two” or 
more according to the number to be elected to such 
office at the ensuing election. Such designation of 


When 

Alphabetical 

Entirely 


Alphabetical 
on Municipal 
Ballots 


Names 
Published 
in order 
Placed on 
Ballot 

Order 
Published 
When More 
Than One 
Assembly 
District 


Office 
Shown and 
Number 
to be 
Voted On 


Size 

Type for 
Names 


% Inch 

Voting 

Square 


Classifi¬ 

cation 


Binding on 
Left Side 


Ballot 

Stub 


OS CALIFORNIA ELECTION LAWS 

the office to be nominated for and of" the number 
of candidates to be nominated shall be printed in 
heavy faced gothic type, not smaller than ten 
point. The word or words designating the office 
shall be printed flush with the left-hand margin and 
the words ‘ ‘ Vote for One” or “Vote for Two” or 
more, as the case may be, shall extend to the ex¬ 
treme right of the column and over the voting 
square. The designation of the office and the di¬ 
rection for voting shall be separated from the 
names of the candidates by a light line. 

How Printed—Size of Type—Classification—Form 

10. The names of the candidates shall be printed 
on the ballot without indentation, in roman capital 
type not smaller than eight point, between light 
lines or rules three eighths of an inch apart. Under 
each group of names of candidates shall be printed 
as many blank spaces, defined by light lines or rules, 
three eighths of an inch apart, as there are to be 
candidates nominated for such office. To the right ; 
of the names of the candidates shall be printed a 
light line or rule so as to form a voting square 
three eighths of an inch square. Each group of 
names of candidates shall be separated from the 
succeeding group by one light and one heavy line 
or rule. Each series of groups shall be headed by. Jj 
the word 1 ‘State,’’ ‘ 1 Congressional , f ’ “Legisla- } 
live,” “County and Township’’ or “Municipal” ;!' 
or other proper general classification, as the case I, 
may be, printed in heavy faced gothic capital type, | 
not smaller than twelve point. The left-hand side 
of the first column of names on the ballot, and also i 
the right-hand side of the last column of voting 
squares on the ballot shall be bordered by a broad 
printed line one-twelfth of an inch wide. The bind¬ 
ing or stitching of each package of ballots shall 
be on the left side thereof. The ballots shall be 
printed on the same leaf with a stub not over one 
and one-half inches in width, and separated there¬ 
from by a perforated line from top to bottom, one- 
half inch to the left of the broad printed line along 
the left border of the ballot. Upon this stub shall 
be printed the number of the ballot only. On each 
ballot a perforated line shall extend across the top 






CALIFORNIA ELECTION LAWS 


1)9 


of the ballot one inch from the top thereof. The 
same number as appears on the stub shall be printed 
above such perforated line within two inches of the 
perforated line on the left side of the ballot, and 
above this number shall be printed in parenthesis 
in small type as follows: “(This number to be torn 
off by inspector) **; and one-half inch to the right 
of this ballot number there shall be a short per¬ 
forated line extending from the perforated line 
along the top of the ballot to the top edge of the 
ballot. Immediately above said perforated line 
shall be printed in black-face lower case type, at 
least twelve point in size, and enclosed in a paren¬ 
thesis, the following: “(Fold Ballot to this Per¬ 
forated Line, Leaving Top Margin Exposed).* * 
Above this printed direction, and midway between 
it and the top edge of the ballot, shall be printed 
in black-face eapital type, at least twelve point in 
size, if possible, and with the four middle words 
underlined or otherwise made prominent, the follow¬ 
ing: “MARK CROSSES (X) ON BALLOT ONLY 
WITH RUBBER STAMP; NEVER WITH PEN OR 
PENCIL.** The number on each ballot shall be the 
same as that on the corresponding stub, and the 
ballots and stubs shall be numbered consecutively 
in each county; provided, that the sequence of num¬ 
bers on such official ballots and stubs for each party 
shall begin with the number one. The official bal¬ 
lots of each political party shall be made up in stub 
books, each book to contain ten, or some multiple 
of ten, ballots, in the manner provided by law for 
official election ballots, and except as to the order 
of the names of candidates shall be printed in sub¬ 
stantially the following form: (Approved May 7, 
1919.) 


Position of 
Number 


Additional 
I nstructions 


Quantity of 
Ballots to 
Book 


rvsron*Tr» u*8 


« •» a# um #tf 

«> *r Lmp«.M 


3 

!0 


3347 


S MARK CROSSES <X» ON BALLOT ONLY 
; WITH RUBBER STAMP; NEVER ‘WITH 
\ PEN OR PENCIL 

• : <F©H Ballet to (hi* Perforated Um. »e»»l«o 




Top Margin E-posed 


OFFICIAL PRIMARY ELECTION BALLOT 

NON-PARTISAN BALLOT 

Slh Congri'sskKMl. 17th Senatorial, 48th Assembly DistfVt* 

To rot# for a person who** name appears on the ballot, mop a crow (X ) 1^ 
the tqnare at t> RIGHT of the name of tb* person for who© you deair# !o 
vote To rot# for a perien whose name M not printed on the ballot, write his 
name in tbo blank spar# provided for that purpose. 


























































































































































***** <*) ON BALLOT ONLY 




3347 \ NEVER WITH PEN OR PENCIL 

rywi .. ,^ (Fold Ballot to this Perforated Una; leavtno Top Margin exposed) 

OFFICIAL PRIMARY ELECTION BALLOT 

REPUBLICAN PARTY 

8th Congressional, I7xh Senatorial, 48th Assembly District 

M>P*«n «■ tbo ballot, rte» a ota (x) la tbo naan al iba HOST of ibo ou. of U>. per M0 for ot.cn non rfe.tr. 
jo* ta aot printed lb* ballot, wnU hi* aam* la lb* blank nu> prortd«d for that oonxm. 


te »ote To rote for a ponoa whom nama I 


STATE 


Vote for Ono 


RICHARD ROE 


HENRY RROWN 


WILLIAM SMITH 


THOMAS GREEN 


HORACE JONES 


•ocrotery of State Vote for 


JOHN TOURTILLOTTE 


ALBETT RERG 


PETER E HON SON 


THOMAS THOMPSON 


SAMUEL ALDEN 


WILLIAM DUNN 


HENRY SAMPSON 


A. V CHILTON 


SAMUEL JOHNSON 


CEO ROE P WILSON 


W B CURRAN 


THOMAS O'BRIEN 


Surrey or Ooaeral 


FRANK WHEATON 


MICHAEL KERNAN 


JOHN P WALKER 


Member Btete Board of 


Equalisation. 
Vote for On* 


WILLIAM ADAMS 


HARRY ALGER 


CONOR E88IONAL 


United State. Senator Vote for Ono 


CHARLES N HART 


WALTER RROWNLOW 


CASSIUS N CLAY 


“KTS, 


PETER PETERSON 


SASTICK BO YUAN 


HENRY HUDSON 


LEGISLATIVE 


ANDREW ANDERSON 


GEORCE CAUCHEY 


PETER PETERSON 


WILLIAM S STOKES 


AMOS STRONG 


COUNTY COMMITTEE 


Vote for Tbroo 


JOHN T HUNT 


JOSEPH T JOHNSON 


H L MAYNARD 


E S MINOR 


B D ROBINSON 


EDWARD F STEVENS 


JUDICIAL 


County dark 


WALTER WILTER 


JOSEPH JENNINGS 


THOMAS MERTON 


WILLIAM BREWER 


ERASTUS PECK 


SAMUEL SNOW 


CEORCE TAWNEY 


Jad«oof tbo 
PVet DteO 


Dtetrlet Ooart of Appoal. 


ANTHONY RRENNAN 


PETER DREW 


fade* of tbo Reporter 
Court 


CEORCE BUNN 


WALTER CAMPBELL 


CHARLES R. DAVIS 


THOMAS MeCALL 


ERNEST W ROBERTS 


Zortteo of tbo Pone* Vow for Tv* 


THOMAS SULLIVAN 


PETER HEPBURN 


CLAUDE SWANSON 


8CHOOL 

Saportnteadeot of Public 

liWwtea V« 


CHARLES N STOVER 


FRANK N KENDALL 


ARTHUR ROBERTS 


County ^ ii o rt ateadra t 
of tdko»b Vote for Ono 


TIMOTHY HEALEY 


J W REYNOLDS 


CHARLES CARSON 


COUNTT AND TOWNSHIP 

«rt* Vote for O 


J P DOLUVER 


CHESTER L LONO 


A. E KJTTRKDCE 


JOHN T. MORGAN 


E J BURKETT 


S R MALLORY 


JAMES B McCREARY 


ASBURY C LATTIMER 


JOHN W DANIEL 


M J. FOSTER 


JOHN M PATTERSON 


J. F ALLEE 


CLARENCE D CLARK 


FRED T DU BOIS 


AUGUSTUS O. BACON 


JAMES M BERRY 


J S SPOONER 
E C NBWLANDS 


E W PETTUS 


KNUTE NELSON 


REDFIELD PROCTOR 


E W CARMACK 


C M DE PEW 


CHARLES W FULTON 


THOMAS H. 


CARTER 


Public Admiaiftmter Vote for Ono 


H M TELLER 


J W BAILEY 


JAMES B FRAZIER 


W P DILLINGHAM 


E R YOUNO 


J. B FORAKER 


O E PATTERSON 


THOMAS SPICMT 


JAMES E WATSON 


Vote for <V 


R W PARKER 


JOHN A. STERLINO 



























































































































































































































































102 


CALIFORNIA ELECTION LAWS 


Time to 
Prepare 
Sample 
Ballots 


Not 

Printed on 
Official 
Ballot 
Paper 


Time of 
Mailing 


Submitted to 
Chairmen 
of County 
Committees 


Posting 


Ballots, Sample and Official — Printing and Dis¬ 
tributing 

Sec. 13. At least twenty days before the August 
primary election or before the May presidential pri- jj 
mary election each county clerk or registrar of vot¬ 
ers in any city and county shall prepare separate 
sample ballots for each political party, and a ‘sep¬ 
arate sample non-partisan ballot, placing thereon 
in each case in the order provided in subdivision 7 
of section 12 of this act, and under the appropriate j 
title of each office, the names of all candidates for 
whom nomination papers have been duly filed with 
him, or have been certified to him by the secretary 
of state, to be voted for at the primary election in 
his county or city and county. Such sample ballots 
shall be printed on paper of a different texture from 
the paper to be used on the official ballot, and one 
sample ballot of the party to which the voter be¬ 
longs as evidenced by his registration shall be 
mailed to each such voter entitled to vote at such I 
August primary election or May presidential pri¬ 
mary election, as the case may be, not more than 
ten nor less than five days before the election. Not 
more than ten nor less than five days before the 
August primary election a non-partisan sample bal¬ 
lot printed on paper of a different texture from the 
paper to be used on the official ballot shall be mailed 
to each registered qualified elector who is not regis- t 
tered as intending to affiliate with any of the par- | 
ties participating in said primary election. Such 
clerk or registrar of voters shall forthwith submit 
the ticket of each political party to the chairman 
of the county committee of such party and shall j 
mail a copy to each candidate for whom nomination 
papers have been filed with him or whose name has 
been certified to him by the secretary of state, to 
the post-office address as given in such nomina- j 
t.ion paper or certification, and he shall post a copy | 
of each sample ballot in a conspicuous place in his 
office. Before such primary election the county 
clerk or registrar of voters in any city and county 
shall cause the official ballot to be printed as pro¬ 
vided by section 12 of this act, and distributed in 
the same manner and in the same quantities as 





CALIFORNIA FLECTION LAWS 


103 


provided in sections 1198, 1199 and 1201 of the 
Political Code for the distribution of ballots for 
elections; provided, that the number of party bal¬ 
lots to be furnished to any precinct shall be com¬ 
puted from the number of voters registered in such 
precinct as intending to affiliate with such party, 
and the number of non-partisan ballots to be fur- 
! nished to any precinct shall be computed from the 
number of voters registered in such precinct with¬ 
out statement of intention to affiliate with any of 
the parties participating in the primary election. 
In the case of primary elections for the nomination 
of candidates for city offices it shall be the duty 
of the city clerk, secretary of the legislative body 
of such city or municipality, or such other officer 
charged by law with the duty of preparing and dis¬ 
tributing the official ballots used at elections in such 
city or municipality, to prepare and mail the sample 
ballot and to prepare and distribute the official pri¬ 
mary election ballots, and so far as applicable and 
not otherwise provided herein the provisions of this 
act shall apply to the nomination of all candidates 
for city offices. 

Polls, When Open, When Closed 

Sec. 14. The polls must be open at six o’clock 
of the morning of the day of primary election and 
must be kept open until seven o’clock in the after¬ 
noon of the same day, when the polls shall be 
closed; provided, however, that if at the hour of 
closing there are any voters in the polling place, or 
in line at the door, who are qualified to vote and 
have not been able to do so since appearing, the polls 
shall be kept open a sufficient time to enable them 
to vote. But no one who shall arrive at the polling 
place after seven o’clock in the afternoon shall be 
entitled to vote, although the polls may be open 
when he arrives. No adjournment or intermission 
shall be taken except as provided in the case of 
general elections. 

Appointment and Compensation of Election Officers 

Sec. 15. The officers for primary elections shall 
be the same, and shall be appointed in the same 
manner, as provided by law for general elections, 


Quantity 
of Ballots 


When 
Duty of 
City Clerk, 


6 A. M. 
to 7 P. M. 


How 

Appointed 
and Com¬ 
pensation 



104 


CALIFORNIA ELECTION LAWS 


Original 

Affidavits 

Used 


Section 

1096 

Applies 


When 

Voter 

Can Not Be 
Challenged 


Registered 
at Least 
Thirty 
Days Before 
Election 


Party 

Ballot 


and such officers shall receive the same compensa¬ 
tion for their services at primary elections as pro¬ 
vided by law for general elections. 

It shall be the duty of the proper officers to fur¬ 
nish the original affidavits of registration and in- I 
dexes for use at primary elections, which shall 
show the names of all voters entitled to vote at I 
such primary elections, and shall be numbered, for ;i 
purposes of the primary election, in like manner 
as provided in section 1113 of the Political Code. I 
And all the provisions of section 1096 of the Poli¬ 
tical Code, so far as they are consistent with the 
provisions of this act, are hereby made applicable ; 
to primary elections within the meaning of this act. 

Challenging Voters 

Sec. 16. Any elector offering to vote, at a pri¬ 
mary election may be challenged by any elector of 
the city, city and county or county, upon either or ; 
all of the grounds specified in section 1230 of the ! 
Political Code, but his right to vote the primary 
election ticket of the political party designated in j 
his affidavit of registration, as provided in section 
1096 of the Political Code, or his right to vote the j 
non-partisan primary ticket providing no such party 
is so designated, shall not be challenged on any 
ground or subjected to any tests other than those 
provided by the Constitution and section 1230 of 
the Political Code of this state. 

Voting—Qualifications—Party Affiliation—Name on 
Roster 

Sec. 17. Any elector qualified to take part in any 
primary election, who has, at least thirty days be¬ 
fore the day of such primary election, qualified by 
registration, as provided by section 1096 of the Po¬ 
litical Code, shall be entitled to vote at such pri¬ 
mary election, such right to vote being subject to 
challenge only as hereinbefore provided; and shall, 
on writing his name or having it written for him 
on the roster, as provided by law for general elec¬ 
tions in this state, receive the official primary elec¬ 
tion ballot of the political party designated in his 
affidavit of registration; (or the non-partisan bal¬ 
lot, providing no such party was so designated), 



CALIEOKNIA ELECTION LAWS 


105 


and no other; provided, however, that no one shall 
be entitled to vote at any primary election who has 
not been a resident of the state one year, and of 
the county ninety days, preceding the day upon 
which such primary election is held. He shall be 
instructed by a member of the board as to the 
proper method of marking and folding his ballot, 
and he shall then retire to an unoccupied booth and 
without undue delay stamp the same with the rub¬ 
ber stamp there found. If he shall spoil or deface 
the ballot he shall at once return the same to the 
ballot clerk and receive another. 

Marking Ballot 

Sec. 18. The voter shall designate his choice on 
the ballot by stamping a cross (X) in the small 
square opposite the name of each candidate for 
whom he wishes to vote. If he shall stamp more 
names than there are candidates to be nominated 
for any office, or if for any reason it be impossible 
to determine his choice for any office, his ballot 
shall not be counted for such office, but the rest of 
his ballot, if properly stamped, shall be counted. 
No ballot shall be rejected for any technical error 
which does not render it impossible to determine 
the voter’s choice, nor even though such ballot be 
somewhat soiled or defaced. 

Folding Ballot 

Sec. 19. When a voter has stamped his ballot 
he shall fold it so that its face shall be concealed 
and only the printed designation on the back there¬ 
of shall be visible, and hand the same to the mem¬ 
ber of the board in charge of the ballot box. Such 
folded ballot shall be voted as ballots are voted at 
general elections and the name of the voter checked 
upon the affidavit of registration as having voted as 
is required at such general elections. 

Polls Open—No Adjournment—No Intermission 

Sec. 20. No adjournment or intermission what¬ 
ever shall take place until the polls shall be closed 
and until all the votes cast at such polls shall be 
counted and the result publicly announced, but this 
shall not be deemed to prevent any temporary re- 


Time of 
Residence 


Spoiled 

Ballot 


When 

Not 

Counted 
for a 
Particular 
Office 


Face 

Concealed, 

Back 

Printing 

Visible 


No Ad¬ 
journment 



106 


CALIFORNIA ELECTION LAWS 


Public 
Canvass 
by Election 
Officers 


Ballots 
of each 
Party and 
Non- 
Partisan 
Strung and 
Sealed 
Separately 


Time of 
Official 
Canvass 


cess while taking meals or for the purpose of other 
necessary delay; provided, that no more than one 
member of the board shall at any time be absent j 
from the polling place. 

Canvass by Election Officers 

Sec. 21. As soon as the polls are finally closed i 
the judges must immediately proceed to canvass the I 
votes cast at such primary election. The canvass j 
must be public, in the presence of bystanders, and ! 
must be continued without adjournment until com- j 
pleted and the result thereof declared. Except as 
hereinafter provided, the canvass shall be con- j 
ducted, completed and returned as provided by sec¬ 
tions 1253, 1254, 1255, 1256, 1257, 1258, 1259, 1260, 
1261, 1262, 1263, 1264, 1264 (a), 1265, 1266, 1267 and 
1268 of the Political Code of this state; provided, 
however, that the ballots of each party must be > 
sealed and returned in separate envelopes, and the | 
non-partisan ballots must be sealed and returned |i 
in another separate envelope. The number of bal¬ 
lots agreeing or being made to agree with the num¬ 
ber of names on the lists, as provided by section 
1255 of the Political Code, the board must take the 
ballots from the box, count those cast by each 
party, and string them separately; count all the 
votes cast for each party candidate for the several ; 
offices and record the same on the tally lists; and j 
count all the votes on all the ballots, both party rt 
and non-partisan, for the candidates for judicial, j 
school, county, township and municipal offices, and t 
record the same on the tally lists. 

Official Canvass—Entering on Minutes—Abstract 

Sec. 22. The board of supervisors of each county, 
the board of election commissioners in any city and 
county, or, in the case of a city or municipal pri¬ 
mary election, the officers charged by law with the 
duty of canvassing the vote at any city or munici¬ 
pal election in such political subdivision, shall meet 
nt the usual place of such meeting, or at any other 
place permitted by law, at one o’clock in the after¬ 
noon of the first Thursday after each primary elec¬ 
tion to canvass the returns, or as soon thereafter as 
all the returns are in. When begun the canvass 





CALIFORNIA ELECTION LAWS 


107 


shall be continued until completed, which shall not 
be later than six o’clock in the afternoon of the 
sixteenth day following such primary election. The 
clerk of the board must, as soon as the result is 
declared, enter upon the records of such board a 
statement of such result, which statement shall 
contain the whole number of votes cast for each 
candidate of each political party, for each candidate 
for each judicial, school, county, township, or mu¬ 
nicipal office, for each candidate for delegate, if 
any, to a state convention from a hold-over sena¬ 
torial district, and for each candidate for mem¬ 
bership in the county central committee; provided, 
however, that in entering the statement of such re¬ 
sult, the provisions of subdivision 6 of sec¬ 
tion 1282 of the Political Code shall apply, 
and a duplicate as to each political party 
shall be delivered to the county, city and 
county or city chairman of such political party, as 
the case may be. The clerk shall also make an ad¬ 
ditional duplicate statement in the same form, show¬ 
ing the votes cast for each candidate not voted for 
wholly within the limits of such county or city 
and county. The county clerk or registrar of voters 
in any city and county shall forthwith send to the 
secretary of state by registered mail or by ex¬ 
press one complete copy of all returns as to such 
candidates, and as to all candidates voted for wholly 
within one county for the following offices: State 
assembly, state senate, representatives in congress, 
members of the state board of equalization, ju¬ 
dicial officers, except justices of the peace, and 
delegate, if any, to a state convention from a 
hold-over senatorial district; and as to all persons 
voted for at the May presidential primary election. 
The secretary of state shall, not later than the 
twenty-fifth day after any primary election, com¬ 
pile the returns for all candidates voted for in more 
than one county, and for all candidates for the 
assembly, state senate, representatives in congress, 
member of the state board of equalization, and ju¬ 
dicial offices (except justices of the peace), dele¬ 
gate, if any, to a state convention from a hold¬ 
over senatorial district, and for all persons voted 
for at the May presidential primary election, and 


Result 
Entered on 
M inutes 


Subdivi¬ 
sion 6 
Section 1282 
Applies 


Duplicate 
Delivered 
to County 
or City 
Chairman 


Abstract to 
Secretary 
of State 



.108 


CALIFORNIA ELECTION LAWS 


Secretary 
of State 
Files a 
Statement 

Total and 
District 
Votes 
Shown 


Who Are 
Nominated 


Filing Fee 


Party 

Candidate 

Eligibility 


Two 

Securing 

Highest 

Vote 


shall make out and file in his office a statement 
thereof. He shall compile the returns for the May 
presidential primary election not later than the 
twenty-first day after such election, and shall com¬ 
pile said returns in such a manner as to show, for 
each candidate, both the total of the votes received 
and the votes received in each congressional dis¬ 
trict of the state. 

Nominations 

Sec. 23. Except in the case of a candidate for 
nomination to a judicial, school, county, township, 
or municipal office, the person receiving the highest 
number of votes, at a primary election as the candi¬ 
date for the nomination of a political party for an 
office shall be the candidate of that party for such 
office, and his name as such candidate shall be 
placed on the official ballot voted at the ensuing 
election; provided, he has paid the filing fee as re¬ 
quired by section 7 of this act; and provided, 
further, that no candidate for a nomination for 
other than a judicial, school, county, township or 
municipal office who fails to receive the highest 
number of votes for the nomination of the political 
party with which he was affiliated thirty-five days 
before the date of the primary election, as ascer¬ 
tained by the secretary of state from the affidavit 
of registration of such candidate in the office of the 
county clerk of the county in which such candidate 
resides, shall be entitled to be the candidate of any 
other political party. 

Successful Candidates—Election at Primary—Certi- 
cates of Nomination and Election 

In the case of a judicial, school, county, town¬ 
ship, or municipal office, the candidates equal in 
number to twice the number to be elected to such 
office, or less, if the total number of candidates is 
less than twice the number of offices to be filled, 
who receive the highest number of the votes cast 
on all the ballots of all the voters participating in 
the primary election for nomination to such office, 
shall be the candidates for such office at the ensu¬ 
ing election, and their names as such candidates 
shall be placed on the official ballot voted at the 


CALIFORNIA ELECTION LAWS 


109 


ensuing election; provided, however, that in case 
there is but one person to be elected at the No- 
vomber election to any judicial, school, county, or 
township office, any candidate who receives at the 
August primary election a majority of the total 
number of votes cast for all the candidates for such 
office shall be the only candidate for such office 
whose name shall be printed on the ballot at the 
ensuing election; and provided, further, that in 
case there are two or more persons to be elected 
at the November election to any judicial, school, 
j county, or township office, and in case any candi¬ 
date for such office receive at the August primary 
I election the votes of a majority of all the voters 
l| participating in the primary election in the state 
or political subdivision in which said office is voted 
upon, such candidates being herein designated as 
“majority candidates, 7 ’ said “majority candidates 77 
shall, if their number is not less than the number 
of persons to be elected to such office, be the only 
candidates for such office whose names shall be 
printed on the ballot at the ensuing November 
election; and if the number of such “majority can¬ 
didates 77 falls short of the number of persons 
to be elected to such office, the names of said “ma¬ 
jority candidates 77 shall be printed on the ballot 
at the ensuing November election, together with 
such number of additional names only of such 
other candidates receiving the next highest number 
of votes for nomination to such office as may make 
the number of such additional names equal to twice 
the difference between the number of such “ma¬ 
jority candidates 77 and the number to be elected, or 
a smaller number, if the list of said other candi¬ 
dates is exhausted. Of the candidates for election 
to membership in the county central committee, 
the candidates equal in number to the number to be 
elected receiving the highest number of votes in 
their supervisorial district or assembly district, as 
the case may be in accordance with the provisions 
of subdivision 4 of section 24 of this act, shall be 
declared elected as the representatives of their 
district to membership in such committee. It shall 
be the duty of the officers charged with the canvass 
of the returns of any primary election in any 


Majority 

Candidates 


County 
Central 
Committee 
Elected 
at Primary 





110 


CALIFORNIA ELECTION LAWS 


Certificates 

of 

Nomination 

and 

Certificates 
of Election 


Certificates 

from 

Secretary 
of State 


Secretary 
of State 
Certifies 
to Names 


county, city and county or municipality to cause to. 
be issued official certificates of nomination to such 
party candidates (other than congressional and 
legislative candidates, candidates for the state 
board of equalization, and delegates to the state 
convention from a hold-over senatorial district), as 
have received the highest number of votes as the 
candidates for the nomination of such party for aiiy 
offices to be voted for wholly within such county, 
city and county, or municipality, and cause to be 
issued to each member of a county central commit¬ 
tee a certificate of his election; and to cause to be 
issued official certificates of nomination to such can¬ 
didates for judicial, school, county, township or 
municipal offices voted for wholly within one coun¬ 
ty as may be entitled to nomination under the pro¬ 
visions of this section. It shall be the duty of the 
secretary of state to issue official certificates of nom¬ 
ination to candidates nominated under the pro¬ 
visions of this act for representatives in congress, 
members of the state senate and assembly, members 
of the state board of equalization, and officers 
voted for in more than one county; and to issue a 
certificate of election to each delegate elected to 
the state convention from a hold-over senatorial 
district; and to issue certificates of election to all 
persons elected at the May presidential primary 
election as delegates to their respective national 
party conventions. 

Certificate from Secretary of State 

Not less than thirty days before the November 
election the secretary of state shall certify to the 
county clerks or registrars of voters of each county 
and city and county within the state, the name of 
every person entitled to receive votes within such 
county or city and county at said November election 
who has received the nomination as a candidate 
for public office under and pursuant to the pro¬ 
visions of this act, and whose nomination is evi¬ 
denced by the compilation and statement required 
to be made by said secretary of state and filed in 
his office, as provided in section 22 of this act. 
Such certificates shall in addition to the names of 
such nominees respectively, also show separately and 


CALIFORNIA ELECTION LAWS 


111 


respectively for each nominee the name of the po¬ 
litical party or organization which has nominated 
such person if any and the designation of the pub¬ 
lic office for which he is so nominated. 


Party Conventions—Purposes—Delegates—Duties of 
Delegates 

Sec. 24. 1. Party conventions of delegates chosen 

as hereinafter provided may be held in this state, 
for the purpose of promulgating platforms and 
transacting such other business of the party as is 
not inconsistent with the provisions of this act. 

2. The candidates of each political party for 
congressional offices and for state offices, if any, ex¬ 
cept judicial and school offices, and such candidates 
for senate and assembly as have been nominated by 
such political party at the primary election, and in 
whose behalf nomination papers have been filed, 
together with the hold-over senators affiliated with 
and nominated by such political party at the 
election at which said hold-over senators were 
elected and one delegate chosen by such political 
party from each senatorial district not represented 
by a hold-over senator affiliated with and nominated 
by such political party at the election at which the 
hold-over senator was elected, shall meet in a state 
convention at the state capitol at two o’clock in 
the afternoon of the third Tuesday in September 
after the date on which any primary election is held 
preliminary to the general November election. They 
shall forthwith formulate the state platforms of 
their party, which said state platform of each po¬ 
litical party shall be framed at such time that it 
shall be made public not later than six o’clock in 
the afternoon of the following day. They shall also 
proceed to elect a state central committee to con¬ 
sist o*f at least three (3) members from each congres¬ 
sional district, who shall hold office until a new 
state central committee shall have been selected. 
In each year of the general November election at 
which electors of president and vice president of 
the United States are to be chosen, they shall also 
nominate as the candidates of their party as many 
electors of president and vice president of the 
United States as the state is then entitled to, and it 


Purpose 


Who Are 
Delegates 


When Held 


Duties of 
Delegates 


Electors of 
President 
and Vice- 
President 




112 


CALIFORNIA ELECTION LAWS 


Who is not 
Eligible as a 
Delegate 


Party 

Affiliation 


County 

Clerk’s 

Certificate 


Delegate 
Where 
Senator 
Holds Over 


shall be the duty of the secretary of state to issue 
certificates of nomination to the electors so nomin¬ 
ated, and to cause the names of such candidates for 
elector to be placed upon the ballots at the ensuing 
November election. 

Eligibility of Delegates 

Membership in the state convention shall not be 
granted to a party nominee for a congressional office, 
state office, or office of senator or assemblyman who 
has become such by reason of his name having been 
written on a ballot, and who has not had his name 
printed on the primary ballot by having had a nomi¬ 
nation paper filed in his behalf, as provided in sec¬ 
tion 5 of this act; nor shall membership in such 
convention be granted to the nominee of any party 
if such nominee has not stated his affiliation with 
such party in his affidavit of registration used at 
such primary election; and, in every such case, a 
vacancy in the membership of such convention shall 
be deemed to exist; and any such vacancy thereby 
existing, or existing because no nomination for such 
office has been made, or for any other cause, shall be 
tilled as hereinafter provided. Each candidate who 
has received the nomination of more than one party 
for a congressional, state, or legislative office shall 
procure from the county clerk of the county in 
which he resides, a certificate stating the party 
with which such candidate was affiliated thirty-five 
days before the date of the primary election, as 
shown by the affidavit of registration of such can¬ 
didate in the office of such county clerk; and this 
certificate shall be the credentials of such candidate 
to membership in the convention of his party. 

Hold-over Senatorial Districts 

In any senatorial district represented by a hold¬ 
over senator there shall be chosen at such primary 
election by the electors of each political party, other 
than the party which the hold-over senator was 
affiliated with and nominated by, one delegate to 
tlie state convention, who shall have nomination 
papers circulated in his behalf, shall have his name 
placed upon the ballot and shall be chosen in the 
same manner as a state senator is nominated from 


CALIFORNIA ELECTION LAWS 


113 


any senatorial district; but no such delegate shall 
be disqualified by reason of holding any office, nor 
! shall any filing fee be required in order to have his 
name placed upon the ballot. The term “ hold-over 
senator 7 ’ as herein used shall apply to a state sena¬ 
tor whose term of office extends beyond the first 
Monday in January of the year next ensuing after 
the primary election, and the term “hold-over sena¬ 
torial district ’ ’ shall apply to the district repre- 
I: seated by such hold over senator. 

Filling Vacancies 

In the event that there shall not have been filed 
any nomination paper for a candidate for any con¬ 
gressional or state office or office of senator or as¬ 
semblyman or delegate from a hold-over senatorial 
district by the electors of any political party, or in 
the event that the nominee of any party for such of¬ 
fice has not declared his affiliation with such party, 
as herein provided, or in the event of the death of 
the candidate prior to the convention, the vacancy 
thus created in the state convention of such party 
shall bq filled as follows: 

{a) If the vacancy occurs in a senatorial or as¬ 
sembly district situated wholly within the limits of 
a single county or city and county, by appointment 
by the newly elected county central committee of 
such party in such county or city and county. 

(b) If the vacancy occurs in a senatorial or as¬ 
sembly district comprising two or more counties, by 
appointment by the newly selected chairman of the 
several newly elected county central committees of 
such party in such counties. 

(c) If the vacancy occurs in a congressional or 
state office, by appointment by the state central 
committee of such party. 

Such delegate so appointed shall present to the 
convention credentials signed by the chairman and 
the secretary of the appointing committee, or by the 
appointing chairman of the several committees, as 
the case may be. 

Executive Committee 

3. Each state central committee may select an 
executive committee, to which executive committee 


Vacancies 


Senatorial 

and 

Assembly 
Districts 
Within 
One County 

Districts in 
Two or More 
Counties 

Congres¬ 

sional 

Districts 



114 


CALIFORNIA ELECTION LAWS 


Executive 
Committee 
of State 
Central 
Committee 


Congres¬ 

sional 

Committee 


County 

Central 

Committee 


Number of 
Members 
and How 
Elected 


it may grant all or any portion of its powers and 
duties. It shall choose its officers by ballot and each 
committee and its officers shall have the power 
usually exercised by such committees and the officers 
thereof in so far as may be consistent with this act. 
The various officers and committees now in exist¬ 
ence shall exercise the powers and perform the du¬ 
ties herein prescribed until their successors are 
chosen in accordance with the provisions of this 
act. 

Duties 

4. The executive committee of the state central 
committee of each political party shall, in conjunc¬ 
tion with each nominee for congress affiliated with 
such party, select a congressional committee for the 
district in which such nominee is a candidate. Such 
committee shall consist of not less than fifteen nor 
more than thirty-five members, and shall have charge 
and conduct of the campaign of such nominee, sub¬ 
ject to the supervision of the state central commit¬ 
tee of such party. (Approved 1919.) 

County Central Committees 

5. At each August primary election there shall 
be elected in each county or city and county a 
county central committee for each political party, 
which shall have charge of the party campaign un¬ 
der general direction of the state central commit¬ 
tee or of the executive committee selected by such 
state central committee. In any city and county con¬ 
taining more than ten assembly districts the county 
central committee of such party shall be elected by 
each assembly district and shall consist of five mem¬ 
bers from each assembly district in such city and 
county. In all counties containing five or more as¬ 
sembly districts the county central committee of 
such party shall be elected by assembly districts 
and shall consist of one member for each seven hun¬ 
dred votes or fraction thereof in each such assem¬ 
bly district cast for such party’s candidate for gov¬ 
ernor at the last general election at which a gov¬ 
ernor was elected. In all counties containing less 
than five assembly districts the county central com¬ 
mittee shall be elected by supervisor districts, and 


CALIFORNIA ELECTION LAWS 


115 


the number to be elected from any supervisor dis¬ 
trict shall be determined as follows: The number 
of votes cast in such supervisor district for such 
party’s candidate for governor at the last general 
election at which such governor was elected shall be 
divided by one-twentieth of the number of votes 
cast for such governor in such county; and the in¬ 
teger next larger than the quotient obtained by 
such division shall constitute the number of mem¬ 
bers of the county central committee to be elected 
by such party in said supervisor district. The county 
i clerk or registrar of voters in each county or city 
and county shall, between the first Monday and the 
j second Monday of June next preceding the primary 
f election, compute the number of members of the 
; county central committee alloted to each assembly 
district or supervisor district, as the case may be, 
by the provisions of this subdivision. Each candi¬ 
date for member of a county central committee 
shall appear upon the ballot upon the filing of a 
nomination paper according to the provisions of sec¬ 
tion 5 of i this act, signed in his behalf by the elec- 
; tors of the political subdivision in which he is a 
candidate, as above provided; and the number of 
J candidates to which each party is entitled, as here¬ 
inbefore provided, in each political subdivision, re¬ 
ceiving the highest number of votes shall be de¬ 
clared elected; but no candidate for county commit¬ 
teeman shall be declared elected unless he shall 
have received votes equal in number to the mini- 
! mum of signatures to the nomination paper which 
would have been required to place his name on the 
primary ballot as a candidate for member of the 
j county committee. Each county central commit¬ 
tee shall meet in the court house at its county seat 
[ on the second Tuesday in September following the 
August primary election, and shall organize by se¬ 
lecting a chairman, a secretary and such other offi¬ 
cers and committees as it shall deem necessary for 
carrying on the campaign of the party. 

Eligibility 

6. No person shall be eligible for appointment 
or election to the state, county or district commit¬ 
tee of any party who is not registered as affiliated 


County 
Clerk or 
Registrar 
Computes 
Number of 
Members 


How 

Nominated 
and Elected 


County 

Central 

Committee 

Meeting 




CALIFORNIA ELECTION LAWS 


Party 

Affiliation 


Where no 
Withdrawals 


Where 

Withdrawals 

Permitted 


Not 

Printed on 
Ballot 


Vacancy 


116 

with such party at the time of such appointment 
or election. In the event of the appointment or elec¬ 
tion to any party committee of an ineligible person, 
or whenever any member of any such committee 
dies, resigns or becomes incapacitated to act, or 
removes from the jurisdiction of the committee, or 
ceases to be a member of such committee’s party, a 
vacancy shall exist, which shall be filled by appoint¬ 
ment by the chairman of the committee in which 
such ineligibility or vacancy occurs. (Approved 
1919.) 

Withdrawal of Candidates—Vacancies 

Sec. 25. No candidate whose nomination papers 
have been filed for any primary election can with¬ 
draw as a candidate at such primary election. No 
candidate nominated at any primary election can 
withdraw as a candidate at the ensuing general 
election except such as are permitted to withdraw 
by this section. In case as a result of any primary 
election a person has received a nomination to any 
office without first having nomination papers filed, 
and having his name printed on the primary elec¬ 
tion ballot, he may at least thirty-one days before 
the day of election cause his name to be withdrawn 
from nomination by filing in the office where he 
would have filed his nomination papers had he been 
a candidate for nomination, his request therefor in 
writing, signed by him and acknowledged before 
the county clerk of the county in which he resides; 
and no name so withdrawn shall be printed on the 
election ballot for the ensuing general election. 
The vacancy created by the withdrawal of such 
person as aforesaid, or on account of the inegibility 
of such person to qualify as a candidate because of 
the inhibitions of subdivision 9 of section 5 of this 
act, or by reason of the failure of a party to nomi¬ 
nate any candidate for the office at the primary elec¬ 
tion, or for any other cause, shall not be filled ex¬ 
cept in the following cases: 

Reasons for Filling Vacancies 

1. By reason of the death of a candidate occur- 
ing at least twenty-five days before the date of the 
next ensuing November election. 


CALIFORNIA FLECTION LAWS 


117 


2. By reason of the disqualification of a candi¬ 
date occurring on account of the failure of such 
candidate to secure the nomination in his own party 
I as required by section 23 of this act. 

Vacancies, How Filled 

Vacancies occurring by reason of such death of 
any candidate, or because of such disqualification 
imposed by section 23 of this act, may, in the 
j case of legislative offices, be filled by the newly 
elected county central committee or committees of 
: the party in which such vacancy occurs, in the 
county or counties comprising the legislative dis¬ 
trict of such deceased or disqualified candidate; and 
I in the case of all other district or state offices re¬ 
quiring party nomination, by the newly selected 
state central committee of such party. 

If such vacancy occurs among candidates chosen 
at the primary election to go on the ballot for the 
succeeding general election for a judicial, school, 
: county, township, or municipal office according to 
the provisions of section 23 of this act, in 
which case that candidate receiving at said pri¬ 
mary election the highest vote among all the can- 
, didates for said office who have failed to receive a 
sufficient number of votes to get upon said ballot 
| according to the provisions of said section 23, 
shall go upon said ballot to fill such vacancy; 
provided, however, that if the vacancy occurs in a 
case where, by reason of having received a major¬ 
ity vote at the primary election, only one person 
is entitled to have his name printed upon the ballot 
at the ensuing November election, the names of the 
two candidates receiving the next highest vote at 
the primary election, if there were such number, 
shall be placed upon the ballot for the November 
election; and provided, further, that a vacancy au¬ 
thorized to be filled by the provisions of this sec¬ 
tion shall be filled and certified to the officer charged 
with the duty of printing the ballots twenty-five 
days before the day of election. 

When Printing Name on Ballot Mandatory 

Whenever a nomination paper containing a suf¬ 
ficient number of signatures has been filed for any 


How 

Vacancies 

Filled 


Judicial 
School 
County 
T ownship 
Vacancies 


Two 

Candidates 





118 


CALIFORNIA ELECTION LAWS 


Where 
Name Must 
Go on 
Ballot at 
Primary 


At General 
Election 


Where 

Committee 

Fills 

Vacancy 


Summons 


When 
Secretary 
of State 
Acts 


person as a candidate to be voted for at a primary 
election, the name of such person must be printed 
upon the ballot or ballots of such primary election 
as hereinbefore provided in section 12 of this act, 
unless such person has died and such fact has been 
ascertained, by the officer charged with the duty of 
printing the ballot, at least twenty-five days before 
the day of election. 

Whenever a candidate has been nominated at any 
primary election after having nomination papers 
filed, the name of such candidate must be printed 
upon the ballot at the ensuing general election un¬ 
less such candidate has died and such fact has been 
ascertained, by the officer charged with the duty of 
printing the ballots, at least twenty-five days be¬ 
fore the day of election. 

Certificate of Vacancy Filled 

Whenever, upon the death or disqualification of 
any candidate, the vacancy thereby created is filled 
by a party committee a certificate to that effect 
shall be filed with the officer with whom a nomina¬ 
tion paper for such office may be filed, and shall be 
accepted and acted upon by him as in the case 
of such nomination paper. (Approved 1919.) 

Tie Vote—Procedure 

Sec. 26. In case of a tie vote, if for an office to 
be voted for wholly within one county or city and 
county, the county, city and county or city board, 
as the case may be, shall forthwith summon the 
candidates who have received such tie votes to ap¬ 
pear before such board, at a time and place to 
be designated by said board, and such board shall 
at said time and place determine the tie by lot. In 
the case of a tie vote for an office to be voted on in 
more than one county, the secretary of state shall 
forthwith summon the candidates who have received 
such tie votes to appear before him at his office at 
the state capitol at a time to be designated by him 
and said secretary Df state shall at said time and 
place determine the tie by lot. Such summons must 
in every case be mailed to the address of the candi¬ 
date as it appears upon his affidavit of registration, 


CALIFORNIA ELECTION LAWS 119 

at least five days before the date fixed for the de¬ 
termination of such tie vote. (Approved 1919.) 

Duty of Court Affecting Errors or Omissions 

Sec. 27. Whenever it shall be made to appear by 
affidavit to the supreme court or district courts of 
appeal or superior court of the proper county that 
an error or omission has occurred or is about to 
occur in the placing of any name on an official pri¬ 
mary election ballot, that any error has been or is 
about to be committed in printing such ballot, or 
that any wrongful act has been or is about to be 
done by any judge or clerk of a primary election, 
county clerk, registrar of voters in any city and 
county, canvassing board or any member thereof, 
or other person charged with any duty concerning 
the primary election, or that any neglect of duty 
has occurred or is about to occur, such court shall 
order the officer or person charged with such error, 
wrong or neglect to forthwith correct the error, 
desist from the wrongful act or perform the duty, 
or forthwith show cause why he should not do so. 
Any person who shall fail to obey the order of such 
court shall be cited forthwith to show cause why he 
shall not be adjudged in contempt of court. 

Procedure to Contest Nomination 

Sec. 28. Any candidate at a primary election, de¬ 
siring to contest the nomination of another candidate 
for the same office, may, within five days after the 
completion of the official canvass, file an affidavit in 
the office of the clerk of the superior court of the 
county in which he desires to contest the vote re¬ 
turned from any precinct or precincts in such 
county, and thereupon have a recount of the ballots 
cast in any such precinct or precincts, in accord¬ 
ance with the provisions of this section. Such affi¬ 
davit must specify separately each precinct in which 
a recount is demanded, and the nature of the mis- 
lake, error, misconduct, or other cause why it is 
claimed that the returns from such precinct do not 
correctly state the vote as cast in such precinct, for 
the contestant and the contestee. The contestee must 
be made a party respondent, and so named in the 
affidavit. No personal service or other service than 


Powers and 
Duties of 
Courts as 
Regards 
Errors 


Time of 
Filing 

Where 

Filed 


What 

Affidavit 

Contains 




Posting 

Jurisdiction 
of Court 


Affidavit of 
Mailing Copy 


Contestee’s 

Rights 


Precinct 

Recounts 


120 CALIFORNIA ELECTION LAWS 

as herein provided need be made upon the contes- 
tee. Upon the filing of such affidavit the county 
clerk shall forthwith post in a conspicuous place 
in his office a copy of the affidavit. Upon the filing 
of such affidavit and the posting of the same, the 
superior court of the county shall have jurisdiction 
of the subject matter and of the parties to such 
contest, and all candidates at any such primary 
election are permitted to be candidates under this 
act, only upon the condition that such jurisdiction 
for the purposes of the proceeding authorized by 
this section shall exist in the manner and under the 
conditions provided for by this section. The con¬ 
testant on the date of filing such affidavit, must 
send by registered mail a copy thereof to the con- 
testee in a sealed envelope, with postage prepaid, 
addressed to the contestee at the place of residence 
named in the affidavit of registration of such con¬ 
testee, and shall make an affidavit of such mailing 
and file the same with the county clerk to become 
a part of the records of the contest. At any time 
within three days after the filing of the affidavit 
of the contestant to the effect that he has sent by 
registered mail a copy of the affidavit to the con¬ 
testee, such contestee may file with the county 
clerk an affidavit in his own behalf, setting .up his 
desire to have the votes counted in any precincts, 
designating them, in addition to the precincts desig¬ 
nated in the affidavit of the contestant, and setting 
up his grounds therefor. On the trial of the contest 
all of the precincts named in the affidavits of the 
contestant and the contestee shall be considered, 
and a recount had with reference to all of said pre¬ 
cincts; and the contestant shall have the same right 
to answer the affidavit of the contestee as is given 
to the contestee herein with reference to the affi¬ 
davit of the contestant except that such answer 
must be filed not later than the first day of the 
trial of said contest. On the eighth day after the 
completion of the official canvass the county clerk 
shall present the affidavits of the contestant and 
the contestee and proof of posting, as aforesaid, to 
the judge of the superior court of the county, or 
any judge acting in his place, or the presiding judge 
of the superior court of a county or city an4 county, 


CALIFORNIA ELECTION LAWS 


121 


or any one acting in liis stead, which judge shall, 
upon such presentation, forthwith designate the 
time and place where such contest shall proceed, 
and in counties or cities and counties where there 
are more than one superior judge, assign all the 
cases to one department by the order of such court. 
Such order must so assign such case or cases, and 
fix such time and place for hearing, which time 
must not be less than one nor more than three 
days from the presentation of tlie matter to the 
court by the county clerk as herein provided. It 
shall be the duty of the contestee to appear either 
in person or by attorney, at the time and place so 
fixed, and to take notice of the order fixing such 
time and place from the records of the court, with¬ 
out service. No special appearance, of the contestee 
for any purpose except as herein provided shall be 
permitted, and any appearance whatever of the 
contestee or any request of the court by the con¬ 
testee or his attorney, shall be entered as a general 
appearance in the contest. No demurrer or objection 
.can be taken by the parties in any other manner 
than by answer, and all the objections must be con¬ 
tained in the answer. The court if the contestee 
shall appear, must require the answer to be made 
within three days from the time and place as above 
provided, and if the contestee shall not appear shall 
note his default, and shall proceed to hear and de¬ 
termine the contest with all convenient speed. If 
the number of votes which are sought to be re¬ 
counted, or the number of contests are such that 
the judge shall be of opinion that it will require 
additional judges to enable the contest or contests 
to be determined in time to print the ballots for 
the election, if there be only one judge for such 
county, he may obtain the service of any other su¬ 
perior judge, and the proceedings shall be the same 
as herein provided in counties where there is more 
than one superior court judge. If the proceeding 
is in a county or city and county where there is 
more than one superior court judge, the judge to 
whom the case or cases shall be assigned, shall no¬ 
tify the presiding judge forthwith, of the number of 
judges which he deems necessary to participate, in 
order to finish the contest or contests in time to 


Time and 
Place 


Appearance 
of Contestee 


Procedure 


Additional 

Judges 





122 


CALIFORNIA ELECTION LAWS 


Where 
There is a 
Presiding 
Judge 


Judge Fixes 
Pay of 
Assistants 


Decision 

Final 

No Appeal 


print the ballots for the final election, and the 
said presiding judge shall forthwith designate as 
many judges as are necessary to such completion 
of such contest, by order in writing, and thereupon 
all of the judges so designated shall participate in 
the recount of such ballots and the giving of judg¬ 
ment in such contest or contests in the manner 
herein specified. The said judges so designated by 
said last mentioned order, including the judge to 
whom said contests were originally assigned, shall 
convene upon notice from the judge to whom such 
contest or contests were originally assigned, and 
agree upon the precincts which each one of such 
judges will recount, sitting separately, and there¬ 
upon such recount shall proceed before each such 
judge sitting separately, as to the precincts so ar¬ 
ranged, in such manner that the recount shall be 
made in such precincts before each such judge as 
to all the contests pending, so that the ballots 
opened before one judge need not be opened before 
another judge or department, and the proceedings be¬ 
fore such judge in making such recount as to the ap¬ 
pointment of the clerk and persons necessary to be 
assistants of the court in making the same, shall be 
the same as in contested elections, and the judge 
shall fix the pay or compensation for such persons 
and require the payment each day in advance, of 
the amount thereof by the person who is proceeding 
with and requiring the recount of the precinct be¬ 
ing recounted. When the recount shall have been 
completed in the manner herein required, if more 
than one judge has taken part therein, all the 
judges who took part shall assemble and make the 
decision of court, and if there be any differences of 
opinion, a majority of such judges shall finally de¬ 
termine all such questions, and give the decision or 
judgment of the court in such contest or contests, 
separately. -Such decision or judgment of the court 
shall be final in every respect, and no appeal can 
be had therefrom. The judgment shall be served 
upon the county clerk or registrar of voters by de¬ 
livery of a certified copy thereof, and may be en¬ 
forced summarily in the manner provided in section 
27 of this act, and if the contest proceeds in more 
than one county, and the nominee is to be certified 


CALIFORNIA ELECTION LAWS 


123 


by the secretary of state from the compilation of 
election returns in his office, then the judgment in 
each county in which a contest may be had, shall 
show what, if any changes in the returns in the office 
of the secretary of state relating to such county or 
city and county, ought to be made, and all such judg¬ 
ments shall be served upon the secretary of state, 
by the delivery of a certified copy, and he shall 
make such changes in the record in his office as 
such judgment or judgments require, and conform 
his compilation and his certificate of nomination in 
accordance therewith. If the office contested is one 
to be voted upon in more than one county, the time 
within which such contest may be brought in any 
j county involved shall begin to run at the time 
of the declaration of the official canvass by the 
; board of supervisors of the county last making 
: such declaration. 

Candidates’ Expenses, What is Legal 

Sec. 29. No candidate for nomination to any 
I elective office, including that of United States sena- 
I tor in congress, shall directly or indirectly pay, ex¬ 
pend or contribute any money or other valuable 
thing, or promise so to do except for lawful ex¬ 
penses. Lawful expenses as used in this section 
j are limited to expenses for the following purposes 
| only: 

1. For the candidate’s official filing fee. 

2. For the preparing, printing, circulating and 
verifying of nomination papers. 

3. For the candidate’s personal traveling ex¬ 
penses. 

4. For rent and necessary furnishing of halls 
or rooms, during such candidacy, for public meet¬ 
ings or for committee headquarters. 

5 . For payment of speakers and musicians at 
public meetings and their necessary traveling ex¬ 
penses. 

6. For printing and distribution of pamphlets, 
• circulars, newspapers, cards, handbills, posters and 

announcements relative to candidates or political 
issues or principals. 

7. For his share of the reasonable compensation 
"of challengers at the polls. 


Change in 
Returns 
Certified to 
Secretary 
of State 


What Are 

Legal 

Expenses 




124 


CALIFORNIA ELECTION LAWS 


In 

Duplicate 

Time of 
Making 


Details of 

Candidate’s 

Statement 


Where Filed 


Where 

Recorded 


No Fee 


8. For making canvasses of voters. 

9. For clerk hire. 

10. For conveying infirm or disabled voters to ! 
and from the polls. 

11. For postage, expressage, telegraphing, and 
telephoning, relative to candidacy. 

Candidates’ Statement of Receipts and Expendi¬ 
tures 

Sec. 30. Every person who shall be a candidate 
for nomination to any elective office, shall make in ; 
duplicate within fifteen days after the primary elec-! 
tion, a verified statement, setting forth each and 
every sum of money contributed, disbursed, ex¬ 
pended or promised by him, and, to the best of his | 
knowledge and belief by any and every other per- j 
son or association of persons in his behalf wholly | 
or partly in endeavoring to secure his nomination. 
This statement must show in detail all moneys paid, j 
loaned, contributed, or otherwise furnished to him 
directly or indirectly in aid of his nomination, to¬ 
gether with the name of the person or persons 
from whom such moneys were received; and must 
also show in detail, under each of the subdivisions 
of section 29 of this act, all moneys contributed, 
loaned, or expended by him directly or indirectly 
by himself or through any other person, in aid of 
his nomination, together with the name of the per¬ 
son or persons to whom such moneys were paid, or 
disbursed. Such statement must set forth that the 
affiant has used all reasonable diligence in its 
preparation, and that the same is true and is as full 
and explicit as he is able to make it. Within the 
time aforesaid the candidate shall file one copy of 
said statement with the officer with whom his nom¬ 
ination papers were filed, and the other with the 
recorder of the county or city and county in which 
he resides, who shall record the same in a book to 
be kept for that purpose, and to be open to public-] 
inspection. No officer shall issue any certificate of 
nomination to any person until such statement as 
herein provided has been filed, and no other state¬ 
ment of expenses shall be required except that pro¬ 
vided herein, and no fee or charge whatsoever shall 
be made or collected by any officer for the verifying, 






CALIFORNIA FLECTION LAWS 125 

filing, or recording of such statements or a copy 
thereof. 

Violation a Misdemeanor—Penalty 

Sec. 31. Any person violating any of the pro¬ 
visions of section 29 or section 30 of this act shall 
be guilty of a misdemeanor, and upon trial and 
conviction thereof, in addition to the sentence im¬ 
posed by the court, he shall forfeit all right to the 
office for which he was a candidate at the time of 
violating the provisions aforesaid. 

Bribery 

Sec. 32. 1. Any person who shall offer, or with 
knowledge of the same permit any person to offer 
for his benefit, any bribe to a voter to induce such 
voter to sign any nomination paper, and any person 
who shall accept such bribe or any promise of gain 
of any kind in the nature of a bribe as considera¬ 
tion for signing any nomination paper, whether such 
bribe or promise of gain in the nature of a bribe 
be offered^or accepted before or after signing, shall 
be guilty of a misdemeanor and upon trial and con¬ 
viction thereof shall be punished by a fine of not 
less than twenty-five dollars nor more than three 
hundred dollars, or by imprisonment in the county 
iail for not less than ten days nor more than one 
hundred and twenty days, or by both such fine and 
imprisonment. 

Wrongful Suppression of Nomination Papers 

2. Any person who, being in possession of any 
nomination paper or papers and affidavits entitled 
to be filed under the provisions of this act, shall 
wrongfully either suppress, neglect or fail to cause 
the same to be filed at the proper time and in the 
proper place shall be guilty of a misdemeanor, and 
upon trial and conviction thereof shall be punished 
by a fine of not less than one hundred dollars nor 
more than five hundred dollars, or by imprisonment 
in the county jail for not less than thirty days nor 
more than six months, or by both such fine and im¬ 
prisonment. 


Guilty 

Person 

Forfeits 

Rights 


Bribery 
to be 

Punishable 


Penalty for 
Suppressing 
Nomination 
Papers and 
Affidavits 






CALIFORNIA ELECTION LAWS 


J 11(5 


Penalties 
in Force 


Secretary 

of State and 

Attorney 

General 

Prepare 

Forms 


If Any 
Portion 
Is Unconsti¬ 
tutional 
Remainder 
is Valid 


Application of General Laws 

3. Any act or omission declared to be an offense 
by the general laws of this state concerning pri¬ 
maries and elections shall also in like case be an 
offense concerning primary elections as provided for 
by this act, and shall be punished in the same man¬ 
ner and form as therein provided, and all the pen¬ 
alties and provisions of the law governing elec¬ 
tions, except as herein otherwise provided, shall ap¬ 
ply in equal force to primary elections as provided 
for by this act. 

Preparation of Forms, Duty of Secretary of State 
and Attorney General 

Sec. 33. It shall be the duty of the secretary of 
state and the attorney general to prepare on or 
before September 1, 1917, all forms necessary to 
carry out the provisions of this act, which forms 
shall be substantially followed in all primary elec¬ 
tions held in pursuance hereof. 

Title of Act 

Sec. 34. This act shall be known as the direct 
primary law. 

Validity 

Sec. 35. If any section, subdivision, sentence, 
clause, or phrase of this act is for any reason held 
to be unconstitutional, such decision shall not affect 
the validity of the remaining portions of this act. 
The legislature hereby declares that it would have 
passed this act, and each section, subdivision, sen¬ 
tence, clause, and phrase thereof, irrespective of the 
fact that any one or more other sections, subdi¬ 
visions, sentences, clauses, or phrases be declared 
unconstitutional. 

Repeal of Conflicting Acts 

Sec. 36. The act approved April 7, 1911, known 
as the direct primary law, and also the act ap¬ 
proved December 24, 1911, amending sections 1, 3, 
5, 7, 10, 12, 13, 22, 23, and 24 of the said direct 
primary law, are hereby repealed; and all other acts 
or parts of acts, inconsistent with or in conflict with 
the provisions of this act, are also hereby repealed. 


CALIFORNIA ELECTION LAWS 


CHAPTER VI. 

CONDUCT OF ELECTION CAMPAIGNS 

An Act to regulate the conduct of election cam¬ 
paigns, and repealing an Act entitled “An Act 
to promote the purity of elections by regulat¬ 
ing the conduct thereof, and to support the 
privilege of free suffrage by prohibiting certain 
acts and practices in relation thereto, and pro¬ 
viding for the punishment thereof, ” approved 
February 23, 1893. 

[Approved March 19, 1907.] 

The People of the State of California, represented 
in Senate and Assembly, do enact as follows: 

Candidates’ Statement of Receipts and Expendi¬ 
tures 

Section 1. Every candidate who is voted for at 
any public election held within the state shall, 
within fifteen days after the day of holding such 
election, file, as hereinafter provided, an itemized 
statement, showing in detail all moneys paid, 
loaned, contributed, or otherwise furnished to him, 
or for his use, directly or indirectly, in aid of his 
election, and all moneys contributed, loaned, or ex¬ 
pended by him, directly or indirectly by himself 
or through any other person, in aid of his election. 
Such statement shall give the names of the vari¬ 
ous persons who paid, loaned, contributed, or 
otherwise furnished such moneys in aid of his 
election, and the names of the various persons to 
whom such moneys were contributed, loaned or 
paid, the specific nature of each item, the service 
performed, and by whom performed, and the pur¬ 
pose for which the money was expended, contrib¬ 
uted or loaned. If the candidate seeks to avoid 
the responsibility of any illegal payment made 
by any other person in his behalf, he shall set 
out such illegal payment and disclaim responsibility 
therefor. Candidates for office to be filled by the 
electors of the state, or of any political division 
thereof greater than a county, and for members 
of the senate and assembly, representative in con¬ 
gress, or for members of the state board of equaliza- 


Files Within 
Fifteen 
D: ys 


What 

Statement 

Contains 


Disclaiming 
Responsi - 
bility 

Statements 
Filed in 
Office of 
Secretary 
of State 




128 


CALIFORNIA ELECTION LAWS 


Statements 
Filed in 
Clerk’s 
Office 

Recorded 

Without 

Fee 


Duties of 
Committee 
T reasurer 


Legal 

Expenses 


tion, or state board of railroad commissioners, 
shall file their statements in the office of the secre¬ 
tary of state. Candidates for all other offices shall 
file their statements in the office of the clerk of 
the county wherein the election is held, and with¬ 
in which the duties of the office for which the 
candidate is voted for are to be exercised. The 
statement of a committee or candidate shall be 
recorded in the office of the county recorder, and 
shall, after being filed, become a public record, 
and open at all times to public inspection and no 
fee or charge whatsoever shall be collected or 
made by any officer herein specified for filing or 
recording any statement required to be filed or 
recorded under the provisions of this act. Vouch¬ 
ers must be filed for all expenditures, except in 
the case of sums under five dollars. 

Financial Records of Committees 

Sec. 2. Every committee organized for the pur¬ 
pose, or charged with the duty of conducting the 
election campaign of any political party, or of 
any candidate or candidates, shall appoint a trea¬ 
surer, who shall receive and disburse all moneys 
contributed for such campaign purposes, and keep 
a true account thereof, and shall, in the same 
manner as herein required of candidates, file an 
itemized statement of all money received or dis¬ 
bursed by him as such treasurer. 

What Expenses Allowed 

Sec. 3. No sum of money shall be paid and no 
expense incurred by or on behalf of any candi¬ 
date or campaign committee as defined in Section 
2 of this Act, or any body of superior authority, 
to which such committee is subject, if any, 
whether before, during or after an election, on 
account of or in respect of the conduct or man¬ 
agement of such election, except for the expenses 
of holding and conducting public meetings for the 
discussion of public questions, and of printing and 
circulating specimen ballots, handbills, cards, and 
other papers previous to such election, and of 
advertising and of postage, expressage, telegraph¬ 
ing and telephoning, and of supervising the regis- 


CALIFORNIA ELECTION LAWS 


120 


tration of voters, and watching the polling or 
counting of votes cast at such election, and of 
salaries of persons employed in transacting busi¬ 
ness at office or headquarters and necessary expenses 
of maintaining the same, and for rent of rooms 
necessary for the transaction of the business of 
candidate or committee, or superior authority to 
which such committee is subject, if any, and for 
necessary incidental expenses, which shall not ex¬ 
ceed the sum of one hundred dollars, if expended 
by a candidate, or one thousand dollars, if 
expended by a committee; and no sum shall 
be paid and no expense shall be incurred, 
directly or indirectly, by or on behalf of 
a candidate, whether before, during or after an 
election, on account of or in respect of the conduct 
and management of an election at which he is a 
candidate, in excess of the maximum amount fol¬ 
lowing, that is to say: if the term of the office 
for which the person is a candidate be for one 
year or less, five per centum of the amount of 
one year’s, salary of the office; if the term be for 
more than one year, and not more than two 
years, ten per centum of the amount of one year’s 
salary of the office; if the term be for more than 
two years, and not more than three years, fifteen 
per centum of the amount of one year’s salary 
of the office; if the term be for more than three 
years, and not more than four years, twenty per 
centum of the amount of one year’s salary of the 
office; if the term be for more than four years, 
ten per centum of the amount of one year’s sal¬ 
ary of the office; if the office be one for which, 
in lieu of a salary, there is allowed a per diem, for 
a statutory period, or for the number of days 
actually engaged in the performance of public 
duties, twenty-five per centum of the amount to 
accrue for the statutory period; if the office be 
one for which, in lieu of a salary, a yearly sum 
is allowed the officer for all the expenses of his 
office, the expenditures of the candidate for such 
office shall not exceed the amount of ten per 
centum of the allowance for such office for one 
year; if the office be one for which no salary or 
compensation is allowed, except fees, or a salary 


Incidental 
Expenses 
Limit $100 


Per Cent 
of Salary 


When no 
Salary 

Fees 




130 


CALIFORNIA ELECTION LAWS 


Time of 

Presenting 

Claims 


Claims 
When Paid 


not exceeding nine hundred dollars per annum 
and fees, the expenditures of the candidate for 
such office shall not exceed the amount of one 
hundred and fifty dollars; if the office be one for 
which no salary or compensation is allowed, or 
for which a per diem is allowed for the days 
actually employed in the performance of a public 
duty, the expenditures of the candidate for such 
office shall not exceed one hundred dollars; if the 
candidate is also at the same time a candidate for 
an unexpired term, he shall not pay or expend 
•any sum on account of such unexpired term, but 
the maximum amount to be expended by such can¬ 
didate shall be as hereinabove provided. 

Claims, Presentation and Payment 

Sec. 4. Every claim payable by a committee as 
defined in Section 2 of this Act on account of or 
in respect of any expense incurred in the conduct 
and management of an election held within this 
State, or on behalf of the candidates of the polit 
ical party, organized assemblage, or body which 
such committee represents, must be presented to 
the committee within ten days after the return 
day of the election, and if not so presented, the 
same shall not be paid, and no action shall be 
commenced or maintained thereon, and all ex¬ 
penses incurred as aforesaid shall be paid within 
fifteen days after the completion of such official 
canvass, and not otherwise. Every claim in re¬ 
spect of any expenses incurred by or on behalf of 
a candidate at an election held within this State 
on account of or in respect of the conduct or 
management of such election shall be presented to 
such candidate within ten days after the day of 
election, and if not so presented the same shall 
not be paid, and no action shall be instituted or 
maintained thereon; and all such expenses in¬ 
curred as aforesaid must be paid within twelve 
days after the day of election, and not otherwise. 
Any person who makes a payment in contraven¬ 
tion of this section, except where such payment 
is allowed, as provided by this Act, is guilty of 
a misdemeanor. 


CALIFORNIA ELECTION LAWS 


131 


Delay in Presentation of Claims 

Sec. 5. The Superior Court of the county in 
which such statement is filed or is required to be 
filed, may, on the application of either the com¬ 
mittee or candidate, or a creditor of either, allow 
any claim not in excess of the maximum amount 
allowed by this Act, to be presented and paid after 
the time limited by this Act; and a statement of 
any sum so paid, with a certificate of its allowance, 
shall forthwith, after payment, be filed by the com¬ 
mittee or candidate in the same office as the orig¬ 
inal statement of the committee or candidate. If 
the candidate or committee, upon such application, 
shall show to the satisfaction of said court that 
any error or false recital in such statement, or 
that the failure to make such statement or to 
present, within the designated time, a claim other¬ 
wise just and proper, has been occasioned by the 
absence or illness of such candidate, or by the 
absence, illness or death of one or more members 
of such committee, or by the misconduct of any 
person other than such applicant, or by inadvert¬ 
ence or Excusable neglect, or of any reasonable 
cause of a like manner, and not by reason of any 
want of good faith on the part of the applicant, 
the court may, after such notice of the applica¬ 
tion as the court may require, and on the produc¬ 
tion of such evidence of the facts stated in the 
application as shall be satisfactory to such court, 
by order, alloAv such statement to be filed, or such 
error or false recital therein to be corrected, or 
such claims to be paid, as to the court seems 
just; and such order shall relieve the applicant 
from any liability or consequences under this Act 
in respect of the matters excused by the order. If 
the application is made by a creditor, the court 
may, under like conditions and upon a like show¬ 
ing, order the claim to be paid, and the creditor 
shall also be entitled to his costs. The claims of 
one or more creditors may be united in such ap¬ 
plication, but the amount and specific nature of 
each claim must be fully stated. 

Place Where Liquor is Sold 

Sec. 6. No payment of any money shall be 
made by a committee or candidate for the rent 


Where 
Time Limit 
Has 

Expired 


Absence or 
Illness of 
Candidate 


Order of 
Court 


Joint 

Claims 





Premises 
Where 
Liquor is 
Sold Must 
Not be 
Rented 


Separate 

Entrance 

Necessary 


Name and 
Address of 
Printer 
Must Show 


Other 

Acts 

Repealed 


Misde¬ 

meanor 


132 CALIFORNIA ELECTION LAWS 

of any premises to be used as a committee room I 
or headquarters, or for holding a meeting, or for ^ 
the purpose of promoting the election of a candi- j 
date, or on account of, or in respect to the con- 1 
duct or management of an election, where intox- | 
icating liquors are sold for consumption on the * 
premises, or where intoxicating liquor is supplied 
to members of any club, society or association; 
provided, that nothing in this section shall apply 
to any part of such premises which is ordinarily 
let for the purposes of offices, or for holding pub¬ 
lic meetings, if such part has a separate entrance 
and no direct communication with any part of the 
premises on which any intoxicating liquor or re- f 
freshment is sold or supplied as aforesaid. 

Name and Address of Printer 

Sec. 7. Every bill, placard, poster, pamphlet or 
other printed matter having reference to an elec- 1 
tion, or to any candidate, shall bear upon the 
face thereof the name and address of the printer 
and publisher thereof, and no payment therefor 
shall be made or allowed unless such address is 
so printed. 

Repeal of Act of 1893 

Sec. 8. An Act entitled, “An Act to promote 1 
the purity of elections by regulating the conduct J 
thereof, and to support the privilege of free suf- ‘ 
frage by prohibiting certain acts and practices 
in relation thereto, and providing for the punish- > 
inent thereof,’’ approved February 23, 1893, and 4 
all other Acts and parts of Acts inconsistent with 
this Act are hereby repealed; provided, that no 
provision of this Act shall be construed so as to 
repeal any provision of Title IY of Part I of the 
Penal Code, entitled, “Of Crimes Against the Elec¬ 
tive Franchise.” 

Offenses a Misdemeanor 

Sec. 9. Any person offending against any of 
the provisions of this Act shall be guilty of a 
misdemeanor, and be dealt with as provided in the 
Penal Code. 

Competency of Witnesses 

Sec. 10. A person offending 


against any pro- 


CALIFORNIA ELECTION LAWS 


133 


visions of this Act is a competent witness against 
another person so offending, and may be com¬ 
pelled to attend and testify upon any trial, hear¬ 
ing, proceeding, or lawful investigation or judicial 
proceeding, in the same manner as any other per¬ 
son. If such person demands that he be excused 
from testifying on the ground that his testimony 
may incriminate himself, he shall not be excused, 
but in that case the testimony so given shall not 
be used in any prosecution or proceeding, civil 
or criminal, against the person so testifying, ex¬ 
cept for perjury in giving such testimony, and he 
shall not thereafter be liable to indictment or 
presentment by information, nor to prosecution or 
punishment for the offense with reference to which 
his testimony was given. No person shall be ex¬ 
empt from indictment, presentment by informa¬ 
tion, prosecution or punishment for the offense 
with reference to which he may have testified as 
aforesaid when such person so testifying does so 
voluntarily or when such person so testifying 
fails to ask to be excused from testifying on 
the ground that his testimony may incriminate 
himself, but in all such cases the testimony so 
given may be used in any prosecution or proceed¬ 
ing, civil or criminal, against the person so testi¬ 
fying. Any person shall be deemed to have asked 
to be excused from testifying under this section 
unless, before any testimony is given by such a 
witness, the judge, foreman or other person pre¬ 
siding at such trial, hearing, proceeding or inves¬ 
tigation, shall distinctly read this section to such 
witness, and the form of the objection by the 
witness shall be immaterial if he in substance 
makes objection that his testimony may incrimin¬ 
ate himself, and he shall not be obliged to ob¬ 
ject to each question, but one objection shall be 
sufficient to protect such witness from prosecu¬ 
tion for any offense concerning which he may 
testify upon such trial, hearing, proceeding or 
investigation. 


Witnesses 


Not to be 
Excused 


When not 
Exempt 
from Pros¬ 
ecution 


This 
Section 
Must be 
Read to 
Witness 


Act, When in Effect 

Sec. 11. This Act shall take effect and be in 
force from and after its passage. 




134 


CALIFORNIA ELECTION LAWS 


Can be 
Consolidated 


Two or 
More 
Elections 
Consolidated 


Governing 

Bodies 

Control 


One Set of 

Election 

Officers 


When 

Separate 

Canvass 


CHAPTER VII. 

CONSOLIDATION OF ELECTIONS 

An act to permit the consolidation of elections and 
to provide a procedure therefor. 

[Approved June 11, 1913.] 

The people of the State of California do enact 
as follows: 

When Consolidated 

Section 1. Whenever tw T o or more elections are 
called to be held on the same day, in the same 
territory, or in territory that is in part the same, 
such elections may be consolidated in the manner 
provided by this act. 

How Consolidated 

Sec. 2. Any such two or more elections, wheth¬ 
er held under a freeholders charter or under any 
state law, or both, may be so consolidated and 
different elections called by the same governing 
body may be so consolidated. 

Who Controls 

Sec. 3. Such elections may be consolidated as 
to terrtiory w r hich is the same by order of the 
governing body or bodies calling the elections; 
and where one of the elections to be consolidated 
is a state election, the board of supervisors of 
the county wherein said consolidation may be had 
shall have authority to order such consolidation, 
as respects such state election. 

Election Officers and Canvass 

Sec. 4. Within the territory affected by such or¬ 
der of consolidation, the election precincts, polling 
places and voting booths shall, in every case, be the 
same and there shall be only one set of election offi¬ 
cers in each of such precincts. When the returns of 
elections consolidated under this act are required to 
be canvassed by different canvassing bodies, such 
elections shall be conducted separately in the same 
manner as if they had not been consolidated, except 


CALIFORNIA ELECTION LAWS 135 

as in this section provided; and provided, further, 
that in case of the consolidation of an election called 
by the legislative body of a city with an election 
called by the board of supervisors of the county in 
which such city is situated, the governing body of 
such city, in the ordinance or ilotice calling such 
election, may authorize such board of supervisors to 
canvass the returns of such election, and such elec¬ 
tion shall be held in all respects as if there were only 
one election, and only one ticket or ballot shall be 
used thereat; and the returns of such election need 
not be canvassed by the legislative body of such 
city. When the returns of any two or more elec¬ 
tions consolidated under this act are required to be 
canvassed by the same body, such elections shall be 
held in all respects as if there were only one elec¬ 
tion, and only one ticket or ballot shall be used 
thereat. 

Appointment of Election Officers 

Bee. 5. When elections are consolidated under 
the provisions of this act, the governing body or 
bodies ordering such consolidation may, in the 
territory affected thereby, provide for the appoint¬ 
ment of officers of election, for the formation of 
precincts for such elections and the expenses of 
said election. 

No Conflict With Act Regulating Liquors 

Sec. 6. Nothing in this act shall be so construed 
as to repeal an act of the legislature of the State 
of California, entitled, 11 An act to provide for 
the regulation of the traffic in alcoholic liquors by 
establishing local option; authorizing the filing of 
petitions praying for elections to vote upon the 
question whether the sale of alcoholic liquors 
shall be licensed within the territory described in 
such petition; providing for the calling and hold¬ 
ing of such elections; making it the duty of the 
proper governing body to declare such territory 
to be no-license territory unless a majority of 
votes is cast in favor of license; providing that 
no licenses, permits or other authority to sell or 
distribute alcoholic liquors in no-license territory 
shall be granted; forfeiting and declaring void all 


When One 
Canvass 


Election 

Officers 


What this 
Act Does 
Not Affect 




136 


CALIFORNIA ELECTION LAWS 


such licenses or permits theretofore issued and in 
force; making it a penal offense to sell, give 
away or distribute alcoholic liquors within such 
territory, with certain exceptions; and providing 
penalties for such offenses. ” 


CALIFORNIA ELECTION LAWS 137 
CHAPTER VIII. 

VOTING OR BALLOTING MACHINES 

An Act creating a State Commission on voting or 
balloting machines, defining their powers, and 
providing for the use at the option of indicated 
local authorities of voting or ballot machines 
for receiving and registering the vote in one 
or more precincts of any county, or city and 
county, city or town, at any or all elections 
held therein, and for ascertaining the result at 
such elections; and providing for the punish¬ 
ment of all violations of the provisions of this 
Act. 

[Approved March 20, 1903; amended March 19, 
1907; amended April 21, 1911; amended Janu¬ 
ary 22, 1912.] 

The People of the State of California, represented 
In Senate and Assembly, do enact as follows: 

State Commission 

Section 1. 1. The Governor, Secretary of State 

and Attorney-General, and their successors in 
office are hereby created and constituted the State 
Commission on voting or ballot machines. It 
shall be the duty of said Commissioners to ex¬ 
amine all voting or ballot machines which may 
be offered for their inspection in order to de¬ 
termine whether such machines comply with the 
requirements of this act, and can safely be used 
by voters at elections under the provisions of this 
Act; and no machine or machines shall be pro¬ 
vided by the Board of Supervisors, or other board 
having charge and control of elections in each of 
the counties, and cities and counties, cities or 
towns of the State, unless the said machine or 
machines shall have received the approval of a 
majority of said Commission as herein provided. 

Approval of Machines 

2. Any machine or machines which shall have 
the approval of a majority of said Commission 
may be provided for use at elections by the 
boards authorized so to do under the provisions 


Members of 
Commission 


Must 
first be 
Approved by 
Commission 


Majority 

Necessary 







138 


CALIFORNIA ELECTION LAWS 


Report 
Where 
Filed and 
Action of 
Secretary 
of State 


Approval 

Ninety 

Days 

Before 

Election 


Expenses 

Allowed 


r 


Supervisors 
or Other 
Boards 
Provide 



of this Act. The report of said Commission on 
each and every kind of voting or ballot machine 
shall be filed with the Secretary of State within 
thirty days after their examination of said ma¬ 
chines, and the Secretary of State must within 
five days after the filing of any report approving 
any machine or machines, transmit to the Boards 
of Supervisors or other boards having charge and 
control of elections in each of the counties and 
cities and counties, cities or towns of the State, 
a list of the machines so approved. 

Time of Approval 

3. No machine or machines shall be used unless 
such machine or machines shall have received the 
approval of the State Commission at least ninety 
days prior to any election at which such machine 
or machines are to be used. 

Expenses of Commission 

4. For carrying out the provisions of this Act the 
members of the State Commission under this Act 
shall be allowed their actual necessary expenses. 

Voting Machines, Who May Provide, For What 
Used 

Sec. 2. The Board of Supervisors, or other 
board having charge and control of elections in 
each of the counties, and cities and counties, 
cities or towns of the State, may at any 
regular meeting, or at any special meeting 
called for the purpose, provide for and require 
the use of a voting or ballot machine, or machines 
for receiving and registering the vote at any or 
- all elections held in such county, city and county, 
city or town, respectively, or in any one or more 
..precincts thereof, and every such Board of Super¬ 
visors, or other board having charge and control 
of elections in each of the counties, and cities 
and counties, cities or towns of the State, may 
determine upon and require the use of voting oV 
ballot machines at any and all elections to be held 
within such county, city and county, city or town 
of the State, or in any one or more precincts 
thereof, and thereupon the voting or ballot ma- 


CALIFORNIA ELECTION LAWS 


135) 


chine or machines so determined upon and re¬ 
quired shall be used in voting for all public 
officers or candidates for nomination to public 
office, to be voted for by the voters of such 
counties* cities and counties, cities or towns of the 
State, or in the precinct or precincts thereof, for 
which the same shall have been so determined upon 
and required, and also in voting upon all amend¬ 
ments to the Constitution, and upon all laws or 
propositions or questions which may be lawfully 
submitted to such voters, and for receiving and 
registering the votes cast at any and every such 
election. Any such board so authorized to pro- 
| vide for and require the use of a voting or ballot 
machine as hereinbefore specified, may, if the ma¬ 
chine has been approved as in this act required, 
at its option resolve to provide and use only 
such a voting or ballot machine so constructed and 
I arranged that the voting or ballot machine will 
not permit of voting a straight party ticket, or for 
any candidate, by any other method than by turn¬ 
ing or pushing the keys separately of each voting 
space, for each separate candidate voted for. 
Party nominations may be designated by usual 
or reasonable abbreviations of party names. 

Purchase and Care of Machines 

Sec. 3. In purchasing the necessary voting or 
ballot machines to be used at elections, as herein 
provided, the Boards of Supervisors of the several 
counties, and the Legislative bodies of the incor¬ 
porated cities and towns therein, may, by agree¬ 
ment, entered into by said Board of Supervisors 
and the legislative body of any incorporated city 
or town in such county, provide for the joint pur¬ 
chase and subsequent ownership thereof, and for 
the care, maintenance and use of the same. 

Construction of Machines 

Sec. 4. No voting or ballot machines shall be 
approved by the said Board unless the same be 
so constructed as to provide facilities for voting 
for the candidates of as many different parties 
or organizations as may make nominations for 
office and for and against as many different prop- 


What 
Used For 


Abbrev¬ 

iations 


Joint 

Purchase 




140 


CALIFORNIA ELECTION LAWS 


Action of 

Voting 

Machine 


Accurate 

Recording 


Separate 
Device 
for each 
Candidate 


ositions or amendments as may be submitted, nor 
shall any such machine be approved unless the 
same will permit a voter to vote for any person 
for any office; it must enable the voter to vote 
and select a ticket all from the nominees of one 
party or a ticket selected in part from the nominees 
of one party and in part from the nominees of any 
or all other parties, and in part from independent 
nominations, or in part or in whole of the names 
of persons not nominated by any party or upon 
any independent ticket; such machines must also 
secure to the voter privacy and secrecy in the act 
of voting; such machines must also be so con¬ 
structed that a voter can not vote for a candidate 
or a proposition or amendment for whom or on 
which he is not lawfully entitled to vote, also to 
prevent voting for more than one person for the 
same office, except in cases where the voter is 
lawfully entitled to vote for more than one per¬ 
son for the same office, in which event they must 
enable the voter to vote for as many persons for 
that office as he is by law entitled to vote, and 
no more; they must also prevent his voting more 
than once for the same person for the same office; 
and allow of his reversing his vote in case of 
mistake or desire to change; and such machines 
must be so constructed that all votes cast for any 
person voted for, or for or against any proposition 
or amendment submitted to the voters shall be 
accurately registered or recorded, and any ma¬ 
chine to be approved by said Board must be of 
such kind, style or pattern as will permit the 
exercise by each voter of the full right and priv¬ 
ilege of his elective franchise under the Constitu¬ 
tion and laws of this State. All voting machines 
approved by the State Commission shall have a 
separate voting device for each candidate appear¬ 
ing on the ballot. Such machines may also have 
thereon a straight ticket device for each of the par¬ 
ties for voting a straight ticket vote for candidates 
of such party; but if so equipped with separate 
straight ticket voting devices, such separate 
straight ticket voting device must be locked out 
of operation. Machines which have been ap¬ 
proved with such straight ticket mechanism there- 


CALIFORNIA FLECTION LAWS 


141 


on may be used in elections with such mechanism 
rendered inoperative, and machines with such 
straight ticket mechanism entirely removed there¬ 
from, or machines which omit a party designation 
of candidates by column or line which have been 
approved, may be used in such elections, and the 
ommission, removal, or locking out of operation 
of such straight voting mechanism from the ma¬ 
chine that has otherwise been approved by the 
commission, need not require a further examina¬ 
tion and approval of a machine of that type. 

Ballot for Machine 

The ballot at any election, whether general, 
primary, municipal, or otherwise, shall be arranged 
upon the voting machine as to the order of offices, 
order of candidates V names, and in other respects 
for such election, as required by the law prescrib¬ 
ing the form and order of the ballot for such 
election; provided, however, that blank spaces for 
the writing in of the names of candidates or dele¬ 
gates or persons to be voted for, whose names are 
permitted to be written upon a ballot or pasted 
thereon by adhesive substance, under the law 
prescribing the form of the ballot, for the elec¬ 
tion, need not follow in the same order or place 
or places, upon a voting machine, as is prescribed 
in the law prescribing the form of ballot for the 
election, if the said voting machine be so con¬ 
structed and capable of operation that all persons 
who by the law prescribing the form of ballot for 
the election are entitled to be voted for by writing 
in the name of such person, or pasting thereon 
the name of such person by adhesive substance, 
may be voted for by and upon said voting 
machine, and such votes counted and returned as 
fully, correctly and effectually as might have been 
done by the use of the form of ballot prescribed 
by law for the election, in case no voting machine 
had been used. The ballot may be placed upon 
the machine so the columns will extend either 
vertically or horizontally, if in all other respects 
save as to the said blank spaces the ticket is 
in the form and order which would exist if the 


No 

Straight 

Ticket 

Device 


Arrange¬ 
ment of 
Ballot 


Position in 
Machine 





142 CALIFORNIA ELECTION LAWS 

election were held by ballot and without a voting 
machine. 


Supplying 
Machines 
to Precincts 


Power of 
Purchase 
and 

Disposal 


Quantity of Machines—Power to Purchase 

Sec. 5. The Board of Supervisors or other 
board having charge and control of elections 
adopting a voting or ballot machine shall, as soon 
as practicable, thereafter, provide for such polling- 
place or places, as they may determine, one or 
more voting machines in complete working order 
and also such other accessories as may be required 
for the practical working of the machine and 
shall thereafter preserve and keep the machines 
in repair, and shall have custody of the furniture 
and equipment. If it shall be impracticable to 
supply each and every election precinct with a 
voting or ballot machine or machines at any elec¬ 
tion following such adoption, as many may be sup¬ 
plied as it is practicable to procure, and the same 
may be used in such election precincts within 
the county, or city and county, city, or town, as 
the board having control may direct. Where 
the board having charge and control of elections, 
is not the board having control of appropriations 
of money generally for the territory, but re¬ 
ceives its appropriation from the board of super¬ 
visors, or board having control of appropriations 
of money generally for the territory, then and 
in such event the board of supervisors or board 
having control of appropriations of money gen¬ 
erally for the territory represented by such board 
so having charge and control of elections, shall 
have exclusive power to purchase or otherwise 
provide voting or ballot machines for use in such 
territory. The board of supervisors or board 
having control of the finances of any county, city 
and county, or political subdivision, shall have 
power to sell, lease, alter, exchange, or other¬ 
wise at its discretion dispose of any voting ma¬ 
chine or voting machine appliances owned by 
such county, or city and county. 

Supplies for Machines 

Sec. 6. The county clerk, registrar of voters, 
or city or town clerk, as the case may be, shall 


CALIFORNIA ELECTION LAWS 


143 


not later than twenty-four hours next preceding 
the election, cause to be delivered to one of the 
inspectors of election, duly appointed, at his resi¬ 
dence, all necessary supplies, stationery, blank 
forms, poll and tally lists, and instructions to 
voters, necessary and proper to the conduct of the 
election and to the counting and canvassing of 
the votes, and the return thereof, which forms, 
blanks, lists, and other stationery shall have been 
previously prepared by the said county clerk, reg¬ 
istrar of voters, or city or town clerk, as the 
case may be, in such manner as to be adapted to 
the conducting and returning of such election by 
such voting or ballot machines as are used at 
the election. The supplies previously mentioned 
to be delivered to such inspector, shall in addi¬ 
tion to all other necessary forms, lists, or blanks, 
include one card stating the penalty for tamper¬ 
ing with or injuring a voting machine; two seals 
for sealing voting machines; one envelope in 
which the keys to the voting machine are sealed, 
said envelope to have printed or written thereon 
the number and location of the election precinct 
in which the machine is to be used, the number 
of the machine, the number shown on the protect¬ 
ive counter thereof, after the machine has been 
prepared for the election, and any designation 
that may be on such seal as the machine is sealed 
with. Said envelope to have attached to it a de¬ 
tachable receipt for the delivery of the keys of 
the voting machine to the inspector of the elec¬ 
tion at his residence; one envelope in which the 
keys to the voting machine can be returned by 
the inspectors after the election;* one card stating 
the name and telephone address of the superin¬ 
tendent for the day of election; two diagrams of 
the voting face of the machine as appears after 
the ballot label showing the titles of the offices 
and the names of the candidates, and statement 
of propositions, together with the voting indicat¬ 
ors for each, shall have been inserted in the vot¬ 
ing machine, and also suitable printed instructions 
for the guidance of the hoard of eleetion, 


When 

Supplies 

Are 

Delivered 
and to 
Whom 


Supplies 

Needed 



144 


CALIFORNIA ELECTION LAWS 


Election 
Officers 
to be 
Instructed 


Publication 


Mailing 

Notices 


Certificate 

of 

Competency 
and Record 


Preference 


Instructing Election Officers 

Section 7. At least twenty days before any 
election, other than a special election, at which 
voting machines are to be used in any political 
subdivision, the county clerk, registrar of voters 
or city or town clerk, as the case may be, shall 
designate one or more deputies, to be provided by 
the board having charge and control of elections, 
who are competent for the purpose, as voting 
machine instructors, and shall cause one or more 
voting machines of the type to be used at the 
election, to be set up in his office, for the purpose 
of having such voting machine instructors give 
instructions to persons applying to serve as elec¬ 
tion officers at the ensuing election, and shall 
also publish notice in one or more daily or weekly 
newspapers, in such political subdivision, if any is 
there published, stating that instructions will be 
given at such . office (stating the location thereof) 
as to the use of voting machines, to all persons 
otherwise qualified, who shall apply to serve as 
election officers, at the ensuing election, and re¬ 
questing qualified persons to attend at such of 
fice and apply to serve, and take such instruc¬ 
tions. Such notice may also be sent by mail to all 
such persons as the said county clerk, registrar 
of voters or city or town clerk, may deem likely 
to take the same. Such voting machine instruct¬ 
ors shall give such instructions to those who apply 
(subject to the control of the clerk or registrar of 
voters, that too great a number from a given pre¬ 
cinct need not be instructed) and shall report 
the result to such clerk or registrar of voters, 
and such clerk or / registrar of voters, if satis¬ 
fied with the report, may issue a certificate of 
competency to such person, and shall enter the 
name of such person in the proper book, by pre¬ 
cincts, w r itk the residence of such person and 
the date of certificate of competency, and mail 
such certificate to such person at the address 
shown by his application or registration. In mak¬ 
ing up a recommendation of names of persons suit¬ 
able for election officers, the clerk or registrar of 
voters, shall, where the person is otherwise quali¬ 
fied and able to serve, prefer the persons in ^ach 


CALIFORNIA ELECTION LAWS 


145 


precinct, who have received such a certificate, and 
the persons thus shown in such recommendation 
shall be appointed as election officers in the 
V proper precincts, and unless they fail to appear 
and be sworn or are excused for cause, by the 
clerk or registrar of voters, shall serve as an 
election officer at the election. 


% Duties of Election Officers 

Sec. 8. The Precinct Board of Election of each 
precinct shall meet at the polling place therein, 
at least one hour before the time set for the 
opening of the polls at each election, and shall 
proceed to arrange within the guard-rail the fur¬ 
niture, stationery, and voting or ballot machine 
for the conduct of the election. The Inspectors 
of Election shall then and there have the voting 
or ballot machine, instructions to voters, and sta¬ 
tionery required to be delivered to them for such 
election. The Inspectors shall thereupon cause 
at least two instruction cards to be posted con¬ 
spicuously within the polling place. They shall 
see that the model, if such model is furnished, is 
placed where each voter can conveniently operate 
it and receive instructions thereon as to the man¬ 
ner of voting before entering the machine. They 
shall post one diagram inside the polling room 
and one outside, in places where the voters can 
conveniently examine them. They shall see that 
the lantern or other means provided for giving 
light is in such a condition that the voting ma¬ 
chine is Sufficiently lighted to enable voters to 
readily read the names on the ballot labels. They 
shall see that the ballot labels are in their proper 
places on the machine. They shall open the count¬ 
ing compartment of the voting machine in the pres¬ 
ence of the public and the members of the board 
of election, before the opening of the polls, and 
inspect the recording dials of such machine, and 
see that each counter number or each dial for a can¬ 
didate, is set at zero (000) and make a certificate 
substantially in the form hereinafter provided. If 
any counter number upon such dial for any candi¬ 
date is found not to register zero (000), a statement 
of the actual register of such counter number, to- 


Duties of 

Election 

Officers 


Inspection 
of Machines 




CALIFORNIA ELECTION LAWS 


Certificate 


146 

gether with the designating number of said dial and 
letter, shall be made and signed by the election 
board as to every such dial number so found regis¬ 
tered about zero (000). In such event, in each sepa¬ 
rate case, the number so found above zero (000) 
upon the dial of any particular candidate must be 
deducted from the total vote of such candidate as 
shown upon that counter number at the close of 
the polls. The tally sheet shall have plainly 
printed thereon, so as to occupy an entire page 
thereof, a statement and certificate substantially 
in the following form: 

Notice to Election Officers. 

The board of election shall before opening the 
polls, open the counting compartment of the vot¬ 
ing machine in the presence of the public and the 
members of the board of election, and inspect the 
recording dials of such machine, and see that 
each counter number on each dial for a candidate, 
is set at zero (000) and make a certificate sub¬ 
stantially in the form below provided. If any 
counter number upon such dial for any candidate 
is found not to register zero (000), a statement 
of the actual register of such counter number, 
together with the designating number of such 
dial, and letter, shall be made and signed by the 
election board as to every such dial number so 
found registered above zero (000). In such event 
in each separate case, the number so found above 
zero (000) upon the dial of any particular candi¬ 
date, must be deducted from the total vote of 
such candidate, as shown upon that counter num-. 
ber at the close of the polls. 

Certificate. 

We, the undersigned members of the election 

board of election precinct No.....hereby 

certify that the following statement is a correct 
statement of all counter number dials, upon the 
voting machine or machines used at said precinct, 
which were found to have the counter number 
upon any dial thereon, register above zero (000), 
as found by an examination and inspection made 

said election board at said precinct before tbe 



CALIFORNIA ELECTION LAWS 147 

j opening of the polls and in the manner provided 
I by law, and that the name of each candidate af- 
I fected thereby, is hereinbelow respectively and 
I separately stated, together with each such sep- 
I arate dial number and each such separate letter 
I of such respective dial, and the number so regis- 
| tered above zero (000), upon any such respective 
I counter dial, and also the number of votes shown 
I upon any such respective counter dial, at 
I the close of the polls, together with the total vote 
I received by any such candidate so affected, after 
I deducting from such total vote- the number so 
I found registered above zero (000) upon the coun- 
ter number dial of such respective candidate or 
J candidates: 


Name 


© 

,0 

s 

o 


o> 


Cj^ol 

OO 
<D d° I 


be N 
A 


„ © 
a £ 

d^ 
o a 


c3 

-So 

.2 

be 

© «H 

Jh o 

f-l 

© © 
-+-» CO 

S O 

§ « 
o 


o ^ 

S © 


r-H © 

c3 © 
-t-> © 
O f-i 

H 


.Inspector. 

, ..Inspector. 

Sw,e,1: ' Judge. 

.Judge. 


Location of Machines in Polling Places 

Sec. 9. The exterior of the voting or ballot 
machine and every part of the polling place shall 
be in plain view of the election officers and pub¬ 
lic. The voting or ballot machines shall be 
placed at least three feet from every wall and 


Form of 
Certificate 


In Plain 
View 






















Guard 

Rail 


Voters 

Informed 


Secret 

Voting 


Time 

Allowed 


When 3 
M inutes 
Allowed 

Examination 
of Machines 


148 CALIFORNIA ELECTION LAWS 

partition of the polling place and at least 
three feet from the guard-rail. A guard-rail 
shall be constructed at least three feet front the 
machine, with openings to admit electors or offi¬ 
cers of election to and from the machine. 

Procedure in Voting 

Sec. 10. After the opening of the polls, the 
inspectors shall not allow any voter to pass with¬ 
in the guard-rail until they ascertain that he is 
duly entitled to vote Before each voter enters 
the voting machine, the inspectors of election shall 
so far as possible, inform him how to operate the 
machine, and illustrate same upon the model of 
the machine, if any be furnished, and call his at¬ 
tention to the diagram. If any voter shall, after 
entering the voting machine, ask for information 
regarding its operation, the inspectors of election 
shall give him such necessary information. The op¬ 
eration or voting by an elector, while voting, shall 
be secret and obscured from all other persons ex¬ 
cept as provided in cases of voting by assisted 
electors. At any election at which the number 
of officers to be elected plus the number of prop¬ 
ositions or amendments to be voted on shall to¬ 
gether make a total of fifteen or less, no voter 
shall remain within the voting or ballot machine 
booth longer than two minutes, and if he shall 
refuse to leave it after the lapse of two minutes, 
he may be removed by the inspectors. At any 
election at which the number of officers to be 
elected plus the number of propositions or amend¬ 
ments to be voted on shall together make a total 
of more than fifteen, no voter shall remain within 
the voting or ballot machine booth longer than 
three minutes, and if he shall refuse to leave it 
after the lapse of three minutes he may be re¬ 
moved by the inspectors. The inspectors of elec¬ 
tion shall occasionaly examine the face of the ma¬ 
chine and the ballot labels to determine if same 
have been injured or tampered with. No vote 
cast in the irregular or blank column shall be 
counted for a person whose name is printed upon 
the ballot or face of the machine as a candidate 
for the same office for which he is voted in the 


CALIFORNIA ELECTION LAWS 


140 


irregular or blank column. All voters in the poll¬ 
ing place or standing in line entitled to vote, at 
the hour for closing the polls, must be permitted 
to vote. 


Canvass and Declaration of Result 

Sec. 11. As soon as the polls of the election 
are closed the Inspectors of Election thereat shall 
immediately lock the voting or ballot machine 
against voting, and, in the presence and full view 
of the public who may be lawfully within the poll¬ 
ing place, proceed to demonstrate sypd declare the 
result of such election as registered or recorded or 
received by the machine (subject to any legal de¬ 
ductions made under the provisions of section 8 of 
this act), in the following manner: One of the in¬ 
spectors shall under the scrutiny of the other in¬ 
spector, of a different political party, in the order 
of the offices as their titles are arranged on the 
machine, commencing with the first party or top 
column, or commencement of the ticket as ar¬ 
ranged, announce in distinct tones to the clerks of 
election, the designating number and letter of each 
counter, and the vote registered thereon, and the 
clerks of election shall correctly record each an¬ 
nouncement so made upon separate respective tally 
sheets provided for that purpose, before another 
announcement is made by the inspector. The said 
inspector Shall then in like manner announce the 
vote recorded for each office on the irregular bal¬ 
lot, and the election clerks shall in like manner 
record the same. The inspector shall then also in 
like manner announce the vote on each question or 
proposition submitted at the election, and the clerk 
shall in like manner record the same. The can¬ 
vass of each office shall be completed before pro¬ 
ceeding to the next, and the vote as announced 
shall be written by the clerks in ink on the two 
tally lists provided therefor in the same order. 
After completing and writing down the canvass, in 
the manner aforesaid, the inspectors of election 
shall verify the same by comparing the figures on 
the tally lists with the figures on the counters in 
the machine, and the names recorded on or in the 
device for voting for persons not nominated, and 


Machines 
Locked 
When Polls 
Close 


How 

Result is 
Declared 


Tallies 


Comparison 
and Verifi¬ 
cation 





150 


CALIFORNIA ELECTION LAWS 


Certification 


Keys to 
be Sealed 


Locking 

Machines 


Duties of 
Supervisors 
or other 
Board 


Kept One 
Year 


also with the result registered on the machine as 
to the vote upon questions or propositions, and in 
making such comparison and verification, one of 
the inspectors shall again distinctly announce and 
recall aloud the vote registered upon each counter. 
The board of election shall then certify in the ap¬ 
propriate place on the tally list, as to the number 
of voters that voted at the election, as shown by 
the poll lists, and by the number registered on the 
public counter, and the number registered on the 
protective counter, and the number or other desig¬ 
nating mark on the seal with which the machine 
has been sealed, together with other information 
regarding the machine as provided on the tally 
list. The counter compartment of the voting ma¬ 
chine shall remain open until the tally list and all 
other reports have been fully completed and signed, 
after which they shall lock the counter compart¬ 
ment and deliver the keys thereof in a sealed en¬ 
velope to the county clerk, registrar of voters, or 
city or town clerk, as the case may be. 

Preservation of Records 

Sec. 12. The inspectors of election shall, as soon 
as the result is fully ascertained and declared, as 
in the preceding section required, lock the machine 
so that the record of each election shall be pre¬ 
served for the period of six months following such 
election, except in cases where the machine is re¬ 
quired for use in a subsequent election during such 
period, in which case the Board of Supervisors or 
other board having charge and control of elections 
shall inspect the registering or recording and re¬ 
ceiving device of the machines and file a report of 
said inspection with the County Clerk or Registrar 
of Voters. Said report of said board when so cer¬ 
tified and filed shall be prima facie evidence of the 
vote at such election. Any supplementary or dup¬ 
licate record of an election, which may be fur¬ 
nished by a machine, shall be preserved by the 
County Clerk or Registrar of Voters for one year 
following such election. Whenever either House 
of the Legislature shall by resolution, adopted and 
entered upon its journal, direct that any standing 
or special committee of such House, shall be em- 


CALIFORNIA ELECTION LAWS 


.151 


powered to open and examine any voting machine 
or voting machines which were used at any elec- 
tion held within six months before the passage of 
such resolution, the committee of such House so 
empowered and authorized shall have the power 
and authority by its resolution in writing to order 
any such machine or machines to be opened, in- 
1 spected or examined in any manner which such 
committee shall prescribe. If the opening of such 
a machine or machines be for the purpose only of 
counting or recounting the votes cast or registered 
at said election in a contest pending before such 
House, then and in such event thd opening thereof 
and such count or recount must be made in the 
presence of said committee, or its sub-committee 
duly designated by its resolution in writing for 
such purpose. If the opening of such machine or 
machines be for any other purpose or for the in¬ 
vestigating of the mechanism and manner of op¬ 
eration of a machine or machines, or for determin¬ 
ing or reporting upon the mode of its operation, 
or its nature as a safe mechanical appliance for 
the receiving and registration of the votes of elect¬ 
ors, then the committee must by its resolution in 
writing specify the person or persons who are to 
make such mechanical or expert inspection, and 
the place where and the time when such inspection 
is to commence, and may, if it deem proper, limit 
the duration of such inspection, and fix the place 
where the same is to be made, and state whether 
the same is to be made in the presence of the said 
committee, or of its duly appointed sub-committee, 
or of any other person or persons to be named by 
said committee. Every person employed or per¬ 
mitted to take part in any such inspection of such 
a machine or machines, or in whose presence said 
inspection occurred, may be required to attend and 
testify as a witness before such committee if re¬ 
quired, and be subject to the subpoena of such 
committee. If such machine or machines be opened 
under the provisions of this section by order of 
such committee, the said committee, or its sub¬ 
committee duly appointed, shall immediately, upon 
opening the doors, or the opening to the dial or 
place where the votea thereon are registered, whicl* 


Power of 
Legislature 


Inspection 


152 


CALIFORNIA ELECTION LAWS 


Record of 
Votes 


Where 

Filed 


T ransported 
to State 
Capitol 


Avere cast at the last election, take off in writing the 
complete record of Azotes for all candidates which 
are recorded or registered upon or by said ma¬ 
chine, and certify the same to be true and correct, 
with the date of such certificate, and place the 
same in an envelope, and seal the same in the 
manner required for sealing election returns, and 
make an endorsement upon the outside of such 
envelope stating the number of the machine whose 
record is enclosed, and forthwith file the same with 
the County Clerk, or Registrar of Voters, of the 
county, or city and county, where such election 
Avas held, who shall receive and keep the same 
with the other returns of the said election in his 
office for the period of twelve months from the 
date of said election, and such record shall in any 
court having jurisdiction of an election contest be 
prima facie evidence of its contents in any case 
Avhere the vote upon such a machine or machines 
might have been recounted by the court if such 
machine or machines had not been previously 
opened or the result thereof in any manner af¬ 
fected. Immediately upon the conclusion of such 
investigation, examination and inspection of such 
machine or machines, the same shall be again se¬ 
curely locked by the Clerk, or Registrar of Vot¬ 
ers, or the said committee or its sub-committee, 
and the keys thereof returned to the officer en¬ 
titled to possession of the same under the pro¬ 
visions of this Act, and shall not be again opened 
except in accordance with the provisions of this 
Act. One voting machine of each kind or pattern 
may be taken by such committee or upon its or¬ 
der, and upon its receipt therefor, to the City of 
Sacramento, or the State Capital, and there kept 
under the directions of such committee, but no 
such machine shall be so taken or transported 
without the consent of the owner thereof, unless 
the same be the property of a city, county, or 
city and county, or other political subdivision of 
the State. If such committee shall permit such 
a machine or machines to be taken apart, then and 
in such event the said committee shall cause the 
same to be restored and properly put together 
again, before or at the termination of its inves- 


CALIFORNIA ELECTION LAWS 153 

1 tigation, and to be returned by order of such 
K committee, and at the expense of the State, to 
1 the place from which it was taken. If any such 
I machine or machines be taken to Sacramento, or 
1 the State Capital, under the provisions of this 
I section, and the Legislature shall adjourn sine die, 
I without such machine or machines having been 
I so restored and returned by such committee, then 
I and in such event the Secretary of State shall 
I forthwith, upon such adjournment, take charge of 
I such machine or machines, and cause the same to 
I be properly restored and returned to the place 
I or places respectively from which the same were 
I taken r and the expense thereof shall be a charge 
I against the State, and a written demand therefor, 
I verified by the Secretary of State, must be allowed 
I by the Controller by his endorsement of allowance 
I thereon, and thereupon, upon presentation, the 
I same shall be paid to the Secretary of State by 
I the State Treasurer out of any funds of the 
I State not otherwise appropriated. Any voting 
f machine used at an election may, within six 
I months from the date of such election, in any 
I election contest, or action in the nature of quo 
I warranto in any .court of this State having juris- 
I diction thereof, be opened by order of such court 
|i and in its presence, for the purpose of recounting 
L the vote involved in such election contest, under 
I the same rules and conditions that apply to the 
I opening of packages of sealed ballots and the re- 
| counting of the same, and must be forthwith 
locked again as soon as the result upon each 
machine is tallied, and in the presence of the 
said court. 

Law Relating to Misconduct of Elections 

Sec. 13. The provisions of the law relating to 
misconduct at elections shall apply to elections 
i with voting or ballot machines. 

Regular Precincts 

Section 14. When voting machines are used 
the precincts shall be established or created in the 
i manner provided by sections 1127, 1128, 1129 and 


Expense 


Court 

Order 


Applies 

Here 


Established 

Precincts 



Definition 

of 

Ballot 


Additional 

Clerks 


When a 
Superin¬ 
tendent is 
Appointed 


Qualifi¬ 

cations 


154 CALIFORNIA ELECTION LAWS 

1130 of the Political Code of the State of Cali¬ 
fornia. 

Definition of Official Ballots 

Sec. 15. Tlie list of candidates used or to be 
used on the voting or ballot machines shall be 
deemed an official ballot under this Act for an 
election precinct in which a voting or ballot ma¬ 
chine is used, pursuant to law. The word “ballot ’’ 
as used in this act (except when reference is 
made to independent ballots) means that portion 
of the cardboard, or paper, or other material 
within the ballot frames, containing the name of 
the candidate for office, or a statement of a pro¬ 
posed constitutional amendment, or other ques¬ 
tion or proposition with the word “for” or the 
word “against,” or “yes” or “no.” 

Application of Section 1142 of Political Code 
Superintendent of Voting Machines 

Sec. 16. The provisions of section 1142 of the 
Political Code shall apply where voting or ballot 
machines are used pursuant to this act, pro¬ 
vided however, that at any precinct or polling 
place where two voting machines are used, two 
additional clerks of election shall be appointed 
for service at such polling place, for the elec¬ 
tion. In any city, or city and county, or county, 
where voting machines are to be used at any 
election, or where voting machines are owned, 
the board having charge and control of elections 
may, by a majority of such board adopt a reso¬ 
lution to be entered in its minutes, provide for 
a superintendent as herein provided, and may 
thereupon select and appoint a superintendent 
for the care, repair, adjustment, arrangement, 
testing, and preparation of voting or ballot ma¬ 
chines. Such person must be a skilled machinist 
familiar with the arrangement, adjustment, and 
mechanism of voting machines, and shall, before 
his appointment, be examined by the board hav¬ 
ing control of elections, as to his competency in 
these respects. His appointment must also, where 
made for a territory wholly included within 
any city, or city and county, be approved by 


CALIFORNIA ELECTION LAWS 


155 


the mayor of any such city, or city and county, 
who shall also have the right to examine such 
person as to his competency. Said superintendent 
shall be considered a public officer, and shall hold 
office under such appointment until removed by 
the board having charge and control of elections, 
for cause, and by an order in writing entered 
in it's minutes, after giving such superintendent 
an opportunity to be heard, which order of re¬ 
moval, shall be final and conclusive, and not sub¬ 
ject to review. In any city, county, or city and 
county, which at the last general election therein, 
had a registration of voters exceeding seventy 
thousand, the said board having control of elec¬ 
tions may fix the compensation of such superin 
tendent at a sum not to exceed the rate of fifteen 
hundred dollars per year, payable monthly, and 
may, by the resolution of appointment, provided 
such appointment is made by the year, provide 
that the services of such superintendent shall be 
given exclusively to said board while he remains 
in its employ, or under such appointment. Un¬ 
less such appointment is made by the year and 
in the manner last mentioned in such a city, 
county, or city and county, and in any event in 
all other cases and places, such superintendent 
so appointed pursuant to this act shall receive 
a compensation at the rate of ten dollars per day, 
for every day he shall be actually employed; pro¬ 
vided however, that in any such place where his 
compensation is fixed by the day under this act, 
the board having control of elections may fix his 
compensation at a lesser sum when he is employed 
merely as caretaker of such voting machines. 
Such superintendent must file his acceptance of 
the appointment with the board having charge 
and control of elections, within five days after 
notice of his appointment, and before entering 
upon his duties, shall take the oath of office 
prescribed by the constitution of this state for 
public officers, "which oath may be taken by and 
filed with the county clerk, or registrar of vot¬ 
ers, and file a bond in a sum to be fixed by the 
board having charge and control of elections, and 
not less than ten thousand (10,000) dollars, in 


Removal 


Compensa¬ 

tion 

How 

Fixed 


Oath of 
Office 
and Bond 





Duties 


Instructions 


Assistants 


156 CALIFORNIA ELECTION LAWS 

a city and county, conditioned for the faithful 
performance of the duties of his office, with surety 
and to be approved and recorded as may be re¬ 
quired for other officers of such city, or city and 
county, and it shall be his duty to care for, keep 
in repair, arrange, adjust, test, and prepare all 
voting machines for complete and correct opera¬ 
tion at any election in the political subdivision 
for which he is appointed. All such voting or 
ballot machines shall be by him or under his direc¬ 
tion, arranged, adjusted and prepared for correct 
operation at any election in accordance with the 
provisions of the law of this state, and in ac¬ 
cordance with the mechanism and rules for the 
adjustment and correct operation of such voting 
machines. The county clerk, registrar of voters, 
or city or town clerk, as the case may be, shall 
deliver to such superintendent for his guidance, 
a copy of any written or printed instructions 
which may be furnished by the person or corpora¬ 
tion which manufacture the voting machines in 
use in such political subdivisions. The board 
having charge and control of elections may also 
select and employ any additional persons, as as¬ 
sistants, to such superintendent, in the perform¬ 
ance of his duties, and may fix and allow the com¬ 
pensation to be paid to said assistants. The said 
superintendent of voting machines shall, not later 
than the day previous to the day of election, 
file with the clerk, or registrar of voters, his 
affidavit specifying the voting machines by num¬ 
ber, that have been adjusted for use at such elec¬ 
tion, and stating that every one of such machines 
have been so adjusted, that each and every of its 
counters, which register the votes cast for candi¬ 
dates, are adjusted at zero (000), and that in 
every other respect, each and every voting ma¬ 
chine is adjusted in accordance with the require¬ 
ments of the law of the state, and according to 
the mechanism and rules for the adjustment and 
correct operation of such voting machines. Where 
any court, or justice, or judge of any court, shall 
make an order or judgment, or otherwise direct 
any change, alteration, or modification, to be made 
in the ballot labels to be used upon any voting 


CALIFORNIA ELECTION LAWS 


157 


or ballot machine, after the sample ballots have 
been printed, it shall not be necessary to print 
or distribute new sample ballots. 

Testing and Sealing of Machines 

Sec. 16a. Within not more than thirty-five, nor 
less than twenty-five days, before the holding of 
any election in any county, city and county, city 
or town, at which is to be used voting or ballot 
machines, under the provisions of this act, the 
county clerk, registrar of voters, or city or town 
clerk, as the case may be, shall fix a day, which 
shall not be more than twenty dats, nor less than 
five days, before the date of such election, upon 
which the voting or ballot machines to be used at 
such election shall be examined, tested and sealed 
as hereinafter provided. At least twenty days 
before an election in any political subdivision 
where voting machines are to be used in one or 
more precincts of such subdivision, under and 
pursuant to the law of this state, it shall be the 
duty of the county clerk, registrar of voters, or 
city or town clerk, as the case may be, to notify 
in writing, by mail, with postage prepaid, the 
chairman or secretary of the executive or central 
committee of any political party or organization 
for the territory, the membership of which may 
have made nominations of candidates to be voted 
for at such election, or of any political party 
whose party name is lawfully used as a designa¬ 
tion by a candidate, that it may appoint representa¬ 
tives of such political party who shall be author¬ 
ized to attend and observe the final adjustment, 
testing and sealing of such ballot machines, and 
thereupon it shall be the right of such committee 
to appoint as many representatives, not to exceed 
three for each political party or organization, as 
it may see fit to select for such purpose, and to 
issue certificates of such appointment to such rep¬ 
resentatives, by the secretaries of such commit¬ 
tees or organizations, respectively. Such notice 
shall also name and specify the date and place 
where such examination, testing and sealing of 
such machines will commence, and that the same 
will continue, if necessary, at said place from 


No New 

Sample 

Ballots 


When 
Tested and 
Sealed 


Notifyiug 

Political 

Parties 


Shows 
Date and 
Location 





158 


CALIFORNIA ELECTION LAWS 


Unsealed 
Only by 
Election 
Officers 


day to day until completed. The committee or 
organization empowered to appoint such representa¬ 
tives, shall immediately upon making such ap¬ 
pointment, notify the said representative or rep¬ 
resentatives so appointed, respectively, of such 
appointment and of the time and place where 
such examination, testing and sealing, of such 
voting or ballot machines will commence, and shall 
also forthwith, send to the said county clerk, reg¬ 
istrar of voters, or city or town clerk, as the case 
may be, the name and full address of each such 
representive appointed. Thereafter, at the time 
specified in such notice, and until the comple¬ 
tion thereof, the said representative or representa¬ 
tives shall be entitled to attend and observe the 
final adjustment, testing and sealing of such vot¬ 
ing machines, under the directions of the board 
of election commissioners, or of the superintend¬ 
ent provided for by this act, and such adjustment, 
testing and sealing shall proceed in the presence 
of as many of said representatives as shall as¬ 
semble to observe and view the same, and a full 
and complete opportunity shall then and there be 
given by such superintendent and his assistants, 
to such representatives to observe the processes 
by which such adjustment, testing and sealing, is 
performed, and to see that the said voting ma¬ 
chines are so adjusted that each counter is set at 
zero (000), and without any vote registered there¬ 
on for the advantage of any party or candidate or 
otherwise. When the said machines are so sealed 
they shall not be unsealed again except by the 
precinct election boards on the day of election, 
to the extent necessary for the proper and lawful 
conduct of the election. Any candidate may at¬ 
tend in person or appoint in writing signed by 
such person, a representative to attend, with all 
the rights and privileges provided by this sec¬ 
tion. 

Application of Election Laws 

Sec. 17. All laws and parts of laws of this 
State relating to elections and prescribing the 
powers and duties of election officers, shall, so 
far as applicable to the use of voting or ballot 


California election laws 


150 


machines, remain in full force and effect; and all 
laws and parts of laws inconsistent herewith, shall 
not be applicable in each county, city and county, 
city or town election precinct wherein such vot 
ing or ballot machines are used, pursuant to this 
act, so long as such voting or ballot machine or 
machines shall be used therein, and nothing in 
this act contained shall be construed as repealing 
any existing law or authorizing any deviation or 
omission therefrom, except as provided for or set 
; forth herein. 

f 

Wilful Violation of Provisions of Act 

Sec. 18. Any w T illful violation of any provision 
of this act or an}' willful injury to any voting or 
ballot machine tending to injure its effectiveness 
| or to change the true expression given by the 
I voters at any election shall be a felony and pun 
1 ishable as such, in accordance with the provisions 
of the Penal Code of the State. 

When in Effect 

Sec. 19. This act shall take effect immediately. 


Election 
Laws in 
Effect 


Violation 
a Felony 




160 


CALIFORNIA ELECTION LAWS 


Time 
Fixed for 
Testing and 
Sealing 


Notifying 

Political 

Parties 


SUPPLEMENT 

Au Act supplementary to an Act entitled “An 
Act creating a State Commission on voting or 
balloting machines, defining their powers and 
providing for the use at the option of indicated 
local authorities of voting or ballot machines 
for receiving and registering the vote in one 
or more precincts in any county or city and 
county, city or town, at any or all elections 
held therein; and for ascertaining the result of 
such election; providing for the punishment of 
all violations of the provisions of this Act, ,% 
approved March 20, 1903, and providing for 
the testing and inspection of such machines. 

[Approved March 19, 1907.] 

The People of the State of California, represented 
In Senate and Assembly, do enact as follows: 

Time of Testing, Examining and Sealing of Ma¬ 
chines 

Section 1. Within not more than thirty nor 
less than twenty days before the holding of any 
election in any county, city and county, city or 
town, at which is to be used voting or ballot ma¬ 
chines adopted under the provisions of the Act 
referred to in the title of this Act, the County 
Clerk or other officer having control of such elec¬ 
tion in such county, city and county, city or town, 
shall fix a day, which shall not be more than fif¬ 
teen days nor less than five days before the date 
of such election, upon which the voting or ballot 
machines to be used at such election shall be ex¬ 
amined, tested and sealed as hereinafter provided. 

Representatives of Political Parties—Present at Test 

Sec. 2. At least twenty days before an election 
in any j>olitical subdivision where voting ma¬ 
chines are to be used in one or more precincts 
of such subdivision, under and pursuant to the 
law of this State, it shall be the duty of the 
Board of Election Commissioners or other body 
having charge and control of such election to 
notify in writing by mail, with postage prepaid, 
the chairman or secretary of the executive o v 


CALIFORNIA ELECTION LAWS 


161 


central committee of any political party or organ¬ 
ization for the territory which may have made 
nominations of candidates to be voted for at such 
election, that it may appoint representatives of 
such political party who shall be authorized to 
attend and observe the final adjustment, testing 
and sealing of such ballot machines, and there¬ 
upon it shall be the right of such committee to 
appoint as many representatives as it may see 
fit to select for such purposes, and to issue certi¬ 
ficates of such appointment to such representatives 
by the secretary of such committees, respectively, 
which shall forthwith send a list of such represent¬ 
atives, with the name of the political party or 
organization for which they are selected, and the 
name of each representative, with his full address, 
adding street and number, to the said Board of 
Election Commissioners or other body having 
charge and control of such election. If any po¬ 
litical party or organization which has made 
nominations shall not have any chairman or secre¬ 
tary of such committee, or the name and address 
of such chairman or secretary shall not appear in 
its nomination papers, then the said Election Com¬ 
missioners may send the notice above required to 
any person named in its nomination papers as the 
person to whom the certificate of nomination 
may be returned. Such Board of Election Com¬ 
missioners shall thereafter, and at least five days 
before the time therefor, send written notice, with 
I postage prepaid, to each such representative of a 
I political party or organization which has so been 
I filed in its office, with the address of such repre- 
1 sentative; which notice shall state the time 
I and place before such election where such 
| representatives are invited to attend, to observe 
| the final adjustment, testing and sealing of such 
[ voting machines, and thereafter at such time 
| and place the final adjustment, testing and sealing 
[ of such voting machines, under the directions of 
such Board of Election Commissioners, shall pro¬ 
ceed in the presence of as many of said representa¬ 
tives as shall assemble to observe and view the 
I same, a full and complete opportunity shall then 
i and there be given to such representatives to ob- 


Time of 
Notice to 
Represen¬ 
tatives 



Unsealed 
by Election 
Officers 


102 CALIFORNIA ELECTION LAWS 

serve the processes by which such adjustment, 
testing and sealing is performed, and to see that 
the said machines are set at zero, and without 
any vote registered thereon for the advantage of 
any party or candidate or otherwise. When the 
said machines are so sealed they shall not be un¬ 
sealed again, except by the precinct election 
board on the day of election and except for trial 
as to their correctness after transportation to the 
various booths or polling places, at which places 
such trial may be made as the Board of Election 
Commissioners or body having control of the elec¬ 
tion shall direct, to see if any machine has become 
in any way disarranged during transportation to 
the polling place, and a seal necessary to such 
investigation may be broken or any work per¬ 
formed that may be necessary to put any machine 
in any such polling place in complete working 
order for such election, and the representatives 
aforesaid shall have the right to attend at any and 
all polling places for the purpose of viewing and 
observing any such unsealing arrangement and 
resealing, which final work shall take place not 
later than the day before the election, nor earlier, 
than the third day before the election. If inde¬ 
pendent candidates are nominated, and no chair¬ 
man or secretary is named in the certificate of 
nomination, then such candidate or candidates 
.shall be notified as herein specified, and may at¬ 
tend, or appoint representatives to attend, with 
all the rights and privileges provided for by this 
Act. 

Notice of Test 

It shall be the duty of the Board of Election 
Commissioners, or other body having charge and 
control of such election, to notify in writing by 
mail, with postage prepaid, the chairman or sec¬ 
retary of any of the executive or central commit¬ 
tees of any political party or organization herein¬ 
before referred to, and any independent candidate 
or candidates hereinbefore referred to, of the 
time when the final inspection, adjustment, test¬ 
ing and sealing of such voting o'r ballot machines 
will commence at the polling places, and of the 


CALIFORNIA ELECTION LAWS 


1(53 


place or places from which the inspectors Avill 
start in the performance of such duty, and that 
the representatives appointed pursuant to this 
Act, or such independent candidate or candidates, 
may attend as provided by this Act. Such notices 
shall be so mailed not less than three days before 
the time named for commencing such final inspec¬ 
tion. 

Violation a Misdemeanor 

Sec. 3. Any person violating any provision of 
this Act shall be guilty of a misdemeanor and 
punishable by a fine of not more than five hun¬ 
dred dollars or imprisonment of not more than 
six months or both. 

When in Effect 

Sec. 4. This Act shall take effect immediately. 


Fine and 
Imprison¬ 
ment 







164 


CALIFORNIA ELECTION LAWS 


M ust H ave 
Five 

H undred 
Inhabitants 


Petition to 
Supervisors 


What 

Petition 

Shows 


When and 

Where 

Published 


CHAPTER IX. 

ORGANIZATION, INCORPORATION AND GOV¬ 
ERNMENT OF MUNICIPAL CORPORATIONS 

An Act to provide for the organization, incorpora¬ 
tion, and government of municipal corporations. 

[Approved March 13, 1883.] 

Note.—Such portions only as apply to offices and 
elections are given here. 

The people of the State of California, repre 
sented in senate and assembly, do enact as fol¬ 
lows : 

What Territory May Incorporate—Powers 

Section 1. Any portion of a county containing 
not less than five hundred inhabitants, and not 
incorporated as a municipal corporation, may be¬ 
come incorporated under the provision of this act; 
and when so incorporated shall have the powers 
conferred, or that may be hereafter conferred, by 
law upon municipal corporations of the class to 
which the same may belong. 

Procedure—Petition—Election 

Sec. 2. A petition shall first be presented to 
tlie board of supervisors of such county, signed by 
at least fifty of the qualified electors of the county, 
residents within the limits of such proposed cor¬ 
poration, and the affidavit of three qualified elec¬ 
tors residing within the proposed limits, filed with 
the petition, shall be prima facie evidence of the 
requisite number of signers. The petition shall set 
forth and particularly describe the proposed bound¬ 
aries of such corporation, and state the number of 
inhabitants therein as nearly as may be, and shall 
pray that the same may be incorporated under 
the provisions of this act. Such petition shall be 
presented at a regular meeting of such board, and 
shall be published for at least two weeks before 
the time at which the same is to be presented, in 
some newspaper printed and published in such 
county, together with a notice stating the time 
of the meeting at which the same will be pre- 


CALIFORNIA ELECTION LAWS 


165 


sented. When such petition is presented, the 
board of supervisors shall hear the same, and 
may adjourn such hearing from time to time, not 
exceeding two months in all, and on the final 
hearing shall make such changes in the proposed 
boundaries as they may find to be proper, and 
shall establish and define such boundaries, and 
shall ascertain and determine how many inhabit 
ants reside within such boundaries; provided, that 
any changes made by said board of supervisors 
shall not include any territory outside of the 
boundaries described in such petition. The bound¬ 
aries so established by the board of supervisors 
shall be the boundaries of such municipal corpor¬ 
ation until by action, authorized by law, for the 
annexation of additional territory to or the tak¬ 
ing of territory from said municipal corporation, 
such boundaries shall be changed; provided, when¬ 
ever it shall appear to the board of supervisors 
that the boundaries of any municipal corporation 
have been incorrectly described, the board shall 
direct the county surveyor to ascertain and re¬ 
port a description of the boundaries. The board 
of supervisors shall, at their first regular meeting 
after the filing of the report of the county sur¬ 
veyor, cause notice to be published in some news¬ 
paper published in the county that the report will 
be acted upon at the next regular meeting of the 
board, and at said meeting the board shall ratify 
the report of the county surveyor, with such mod¬ 
ifications as they shall deem necessary, and the 
boundaries so established shall be the legal bound¬ 
aries of said municipal corporation. They shall then 
give notice of an election to be held in such pro¬ 
posed corporation, for the purpose of determining 
whether the same shall become incorporated. Such 
notice shall particularly describe the boundaries so 
established, and shall state the name of such pro¬ 
posed corporation, and the number of inhabitants 
so ascertained to reside therein, and the same 
shall be published for at least two weeks prior to 
such election in a newspaper printed and pub¬ 
lished within such boundaries, or posted for the 
same period in at least four public places therein. 
Such notice shall require the voters to cast bal* 


Boundaries 

How 

Established 


Publication 
of Notice 
Action 
is to be 
Taken 


Notice of 
Election 


Contents 


Publication 
or Posting 





General 

Laws 

Apply 


Canvass 
of Votes 


Copy of 
Order 
Filed in 
Office of 
Secretary 
of State 


Terms of 
Officials 


No Proof of 

Organization 

Necessary 


1G6 CALIFORNIA ELECTION LAWS 

lots, winch shall contain the words “For Incor¬ 
poration,” or “Against Incorporation,” or words 
equivalent thereto, and also the names of persons 
voted for to fill the various elective municipal 
offices prescribed by law for municipal corporations 
of the class to which such proposed corporation will 
belong. 

Election to Incorporate 

Sec. 3. Such elections shall be conducted in ac¬ 
cordance with the general election laws of the 
state, and no person shall be entitled to vote 
thereat unless he shall be a qualified elector of 
the county, enrolled upon the great register there¬ 
of, and shall have resided within the limits of 
such proposed corporation for at least sixty days 
next preceding such election. The board of super¬ 
visors shall meet on the Monday next succeeding 
such election, and proceed to canvass the votes 
cast thereat; and if, upon such canvass, it ap¬ 
pears that the majority of the votes cast are 
for the incorporation, the board shall, by an order 
entered upon their minutes, declare such territory 
duly incorporated as a municipal incorporation of 
the class to which the same shall belong, under 
the name and style of the city (or town, as the 

case may be) of-(naming it), and 

shall declare the person receiving, respectively, the 
highest number of votes for such several offices 
to be duly elected to such offices. Said board 
shall cause a copy of such order, duly certified, 
to be filed in the office of secretary of state, and 
from and after the date of such filing, such in¬ 
corporation shall be deemed complete, and such 
officers shall be entitled to enter immediately upon 
the duties of their respective offices, upon quali¬ 
fying in accordance with law T , and shall hold such 
offices, repectively, only until the next general 
municipal election to be held in such city or town, 
and until their successors are elected and quali¬ 
fied; sfnd it shall not be necessary in any action, 
civil or criminal, to plead and prove the organ¬ 
ization or existence of such corporation, and the 
court shall take judicial cognizance thereof with¬ 
out proof. 



CALIFORNIA ELECTION LAWS 


1G7 


Method of Reincorporation Under This Act 

Sec. 4. The common council, board of trustees, 
or other legislative body of any city and county, 
city, or town, organized or incorporated prior to 
the first day of January, eighteen hundred and 
eighty, at twelve o’clock, meridian, shall, upon 
receiving a petition therefor, signed by not less 
than one-fifth of the qualified electors of such 
city and county, city or town, as shown by the 
vote ca,st at the last municipal election held therein, 
submit to the electors of such city and county, city, 
or town, at the next general election to be held 
therein, the question whether such city and county, 
city, or town shall become organized under the gen¬ 
eral laws of the state relating to municipal corpor¬ 
ations of the class to which such city and 
county, city, or town may belong. Notice 
that such question will be so submitted shall 
be given by publication in a newspaper 
printed and published in such city and coun¬ 
ty, city, or town; or if there be no newspaper 
printed and published therein, by printing and 
posting the same in at least four public places 
therein, including the place or places where such 
election is to be held. Such notice shall be so 
published or posted for at least four weeks prior 
to such election, and shall also be made a part 
of the general election notice. Such notice shall 
distinctly state the proposition to be so submit¬ 
ted, and shall designate the class to which such 
corporation belongs, and shall invite the electors 
thereof to vote upon such proposition by placing 
upon their ballots the words “For Reorganiza¬ 
tion,” or “Against Reorganization,” or words 
equivalent thereto. The votes so cast shall be 
canvassed at the time and in the manner in which 
the other votes cast at such election are can¬ 
vassed. If, upon such canvass, a majority of 
all the electors voting at such election shall be 
found to have voted for such reorganization, the 
said council, board, or other legislative body 
shall, by an order entered upon their minutes, 
cause their clerk, or other officer performing the 
duties of clerk, to make and transmit to the sec- 


Re-organ- 
ization 
under 
this Act 


Publication 
of Notice 


When 

Posted 


What 

Notice 

Contains 


When and 
How Votes 
Canvassed 

Clerk 
Makes 
Abstract to 
Secretary 
of State 






168 


CALIFORNIA ELECTION LAWS 


Election of 
Officers 


When 

Held 


When 

Change 

Takes 

Effect 


Officers 
Enter Upon 
Duties 
at Once 


No 

Impairment 
of Title 


rotary of state a certified abstract of such vote; 
which abstract shall show the whole number of 
electors voting at such election, the number of 
votes cast for reorganization, and the number of 
votes cast against reorganization. Said council, 
board, or other legislative body shall immediately 
thereafter call a special election for the election 
of the officers required by law to be elected in 
corporations of the class to which such city and 
county, city, or town shall belong, which elec¬ 
tion shall be held within six weeks thereafter. 
Such election shall be held in all respects in the 
manner prescribed, or that may hereafter be pre¬ 
scribed, by law for municipal elections in corpor¬ 
ations of such class, and shall be canvassed by 
the council, board, or other legislative body cali- 
ir.g the same, who shall immediately declare the 
result thereof, and cause the same to be entered 
upon their journal. From and after the date of 
such entry, such corporation shall be deemed to 
be organized under such general laws, under the 
name and style of the city and county (or city 

or town as the case may be) of-(naming 

it), vith the powers conferred, or that may here¬ 
after be conferred, by law upon municipal cor¬ 
porations of the class to which the same may be¬ 
long; and the officers elected at such election 
shall be entitled immediately to enter upon the 
duties of their respective offices, upon qualifying 
in accordance with law, and shall hold such offices, 
respectively, only until the next general munici¬ 
pal election to be held in such city and county, 
city, or town, and until their successors are elected 
and qualified. 

Certain Provisions in Force 

Sec. 5. Any city and county, city or town or¬ 
ganized, under the provisions of section 4 of this 
•act, shall, for all purposes, be deemed and taken 
to be in law the identical corporation theretofore 
incorporated and existing; and such reorganiza¬ 
tion shall in nowise affect or impair the title to 
any property owned or held by such corporation, 
or in trust therefor, or any debts, demands, liabil¬ 
ities, or obligations existing in favor of or 



CALIFORNIA ELECTION LAWS 


169 


i against such corporation, or any proceeding then 
pending; nor shall the same operate to repeal or 
i affect in any manner any ordinance theretofore 
| passed or adopted and remaining unrepealed, or, 
10 discharge any person from any liability, civil 
; or criminal, then existing, for any violation of 
any such ordinance; but such ordinances, so far 
as the same are not in conflict with such general 
laws, shall be and remain in force until repealed 
ior amended by competent authority; provided, 
that proceedings theretofore commenced shall, 

I after such reorganization, be conducted in ac- 
j cordance with the provisions off/ such general 
laws. 

Duty of Officials Replaced by New Officials 

Sec. 6. As soon as the officers elected under 
I the provisions of either section 3 or section 4 ,of 
this act shall have qualified in accordance with 
law, all persons, if any, then in possession of the 
offices of such corporation, shall immediately quit 
and surrender up the possession of such offices, 
and shall deliver to the officers so elected all 
moneys, books, papers, or other things in their 
official custody, and all property of such corpora¬ 
tion in their hands, notwithstanding that the 
terms of office for which they were respectively 
elected or appointed may not then have expired; 
and all officers, boards, and persons holding any 
property in trust for any public use, the admin¬ 
istration of which use is vested by such general 
laws in such corporation, or in any of its offi¬ 
cers, shall, upon demand from such corporation or 
such officers, convey such property to such corpor¬ 
ation or such officers, by good and sufficient deeds 
of conveyance, in trust for such public use. 

Changing Municipal Boundaries 

Sec. 7. The boundaries of any municipal cor¬ 
poration may be altered, and new territory in¬ 
cluded therein, after proceedings had as required 
in this section. The council, board of trustees, 
tr other legislative body of such corporation shall, 
upon receiving a petition therefor, signed by not 
less than one-fifth of the qualified electors there- 


No Repeal 
of 

Ordinances 


Conduct of 
Proceedings 


Surrender 
of Offices 


Petition 





Special 

Election 


Publication 


What 

Notice 

Contains 


Canvass 
of Votes 


Abstract to 
Secretary 
of State 


170 CALIFOKNIA ELECTION LAWS 

of, as shown by the vote cast at the last munici¬ 
pal election held therein, submit to the electors 
of such corporation, and to the electors residing in 
the territory proposed by such petition to be an¬ 
nexed to such corporation, the question whether 
such territory shall be annexed to such corpora¬ 
tion and become a part thereof. Such question 
shall bo submitted at a special election, to be 
held for that purpose, and such legislative body 
shall give notice thereof by publication in a news¬ 
paper printed and published in such corporation, 
and also in a newspaper printed and published 
outside of such corporation, and in the county 
in which such territory so proposed to be annexed 
is situated, in both cases for a period of four 
weeks prior to such election. Such notice shall 
distinctly state the proposition to be so submitted, 
and shall designate specifically the boundaries of 
the territory so proposed to be annexed; and the 
electors shall be invited thereby to vote upon 
such proposition by placing upon their ballots the 
words “For Annexation,’’ or “Against Annexa¬ 
tion,’ ; or words equivalent thereto. Such legisla¬ 
tive body shall also designate the place or places 
at which the polls will be opened in such terri¬ 
tory so proposed to be annexed, which place or 
places shall be that or those usually used for that 
purpose within such territory, if any such there 
be. Such legislative body shall also appoint and 
designate in such notice the names of the officers 
of election. Such legislative body shall meet on 
the Monday next succeeding the day of such elec¬ 
tion, and proceed to canvass the votes cast there¬ 
at. The votes cast in such territory so proposed 
to be annexed shall be canvassed separately, and 
if it shall appear upon such canvass that a major¬ 
ity of all the votes cast in such territory and a 
majority of all votes cast in such corporation shall 
be for annexation, such legislative body shall, by 
an order entered upon their minutes, cause their 
clerk, or other officer performing the duties of 
clerk, to make and transmit to the secretary of 
state a certified abstract of such vote; which ab¬ 
stract shall show the wdiole number of electors 
voting in such territory, the 1 whole number of elect- 


CALIFOKNIA ELECTION LAWS 


171 


I ors voting in such corporation, the number of 
K votes east in each for annexation, and the num- 
I ber of votes cast in each against annexation. From 
I and after the date of the filing of such abstract, 
I such annexation shall be deemed complete, and 
I thereafter such territory shall be and remain a 
I part of such corporation; provided, that no prop- 
I erty within such territory so annexed shall ever 
I be taxed to pay any portion of any indebtedness 
I of such corporation, contracted prior to or exist- 
I ing at the date of such annexation. If the ter- 
I ritory so proposed to be annexed consists, in 
I whole or in part, of any municipal corporation, or 
I part thereof, such territory shall not be annexed 
I under the provisions of this section. 

r Consolidation of Municipalities 

Sec. 8. Two or more contiguous municipal cor- 
i porations may become consolidated into one cor- 
I. poration after proceedings had as required in this 
|| section. The council, board of trustees, or other 
legislative body of either of such corporations 
shall, upon receiving a petition therefor, signed 
by not less than one-fifth of the qualified elec¬ 
tors of each of such corporations, as shown by the 
votes cast at the last municipal election held in 
each of such corporations, submit to the electors 
of each of such corporations the question whether 
such corporations shall become consolidated into 
one corporation. Such legislative body shall des¬ 
ignate a day upon which a special election shall 
be held in each of such corporations to determine 
whether such consolidation shall be effected, and 
shall give written notice thereof to the council, 
board of trustees, or other legislative body of 
each of the other of such corporations, which notice 
shall designate the name- of the proposed new 
corporation. It shall thereupon be the duty of 
such legislative body of each of the corporations 
so proposed to be consolidated to give notice of 
such election, by publication in a newspaper printed 
and published in such corporation, for a period 
of four weeks prior to such election. Such notice 
shall distinctly state the proposition to be so 
submitted, the name of the corporations so pro- 


When in 
Effect 


Bonded 

Indebted¬ 

ness 


Petition 


Special 

Election 

Written 

Notice 


Publication 

What 

Notice 

Contains 


172 


CALIFORNIA ELECTION LAWS 


Joint 

Meeting 


Separate 

Canvass 


Abstract 

What 

Abstract 

Contains 


Certified 
Copy to 
Secretary 
of State 


Special 
Election of 
Officers 
When Held 


posed to be consolidated, the name of the proposed 
new corporation, and the class to which such pro¬ 
posed new corporation will belong; and shall in¬ 
vite the electors to vote- upon such proposition 
by placing upon their ballots the words “For 
Consolidation,” or “Against Consolidation,” or 
words equivalent thereto. The legislative bodies 
of each of such corporations shall meet in joint 
convention at the usual place of meeting of the Y 
legislative bod}^ of that one of such corporations II 
having the greatest population, as shown by the 
last federal census on the Monday next succeed- • 
ing the day of such election, and proceed to 
canvass the votes cast thereat. The votes cast 
in each of such corporations shall be canvassed . 
separately; and if it shall appear upon such can¬ 
vass that a majority of the votes cast in each of 
such corporations shall be for consolidation, such 
joint convention, by an order entered upon their 
minutes, shall cause the clerk, or other officer per¬ 
forming the duties of clerk, of the legislative 
body, at whose place of meeting such joint con¬ 
vention is held, to make a certified abstract of 
such vote; which abstract shall show the whole 
number of electors voting at such election in each 
of such corporations, the number of votes cast in 
each for consolidation and the number of votes 
cast in each against consolidation. Such abstract 
shall be recorded upon the minutes of the legisla¬ 
tive body of each of such corporations; and imme¬ 
diately upon the record thereof, it shall be the 
duty of the clerk, or other officer performing the 
duties of clerk, of each of such legislative bodies 
to transmit to the secretary of state a certified 
copy of such abstract. Immediately after such 
filing, the legislative body of that one of such 
corporations having the greatest population, as 
shown by the last federal census, shall call a spe¬ 
cial election, to be held in such new corporation 
for the election of the officers required by law to 
be elected in corporations of the class to which 
such new corporation shall belong, which election 
shall be held within six months thereafter. Such 
election shall be called and conducted in all re- 




CALIFORNIA ELECTION LAWS 


spects in the manner prescribed, or that may here¬ 
after be prescribed, by law for municipal elections 
in corporations of such class, and shall be can 
vassed by the legislative body so calling the same, 
who shall immediately declare the result thereof, 
and cause the same to be entered upon their jour¬ 
nal. From and after the date of such entry, 
such corporations shall be deemed to be consoli¬ 
dated into one corporation, under the name and 
style of the city and county (or city or town as 

the case may be) of-(naming it), with 

the powers conferred, or that may hereafter be 
conferred, by law upon municipal corporations of 
the class to which the same shall so belong; and 
the officers elected at such election shall be en¬ 
titled immediately to enter upon the duties of 
their respective offices, upon qualifying in accord¬ 
ance with law, and shall hold such offices, re¬ 
spectively, only until the next general municipal 
election to be held in such city and county, city 
or town, and until their successors are elected 
and qualified. All the provisions of sections 5 and 
6 of this act shall apply to such corporation and 
to the officers thereof; provided, that no property 
within either of the former corporations so con¬ 
solidated shall ever be taxed to pay any portion 
of any indebtedness of either of the other of 
such former corporations contracted prior to or 
existing at the date of such consolidation. 
****** 

(Sections applying to cities of first, second, third 
and fourth classes will be found in the “General 
Laws. ”) 


When in 
Effect 


Bonded 

Indebtedness 






174 


CALIFORNIA ELECTION LAWS 


First to 

Sixth 

Class 


Federal 

Census 


CHAPTER X. 

CLASSIFICATION OF MUNICIPAL 
CORPORATIONS 

An Act to Provide for the Classification of Mu¬ 
nicipal Corporations. 

(Approved March 2, 1883, as amended.) 

The people of the State of California, represented 
in Senate and Assembly, do enact as follows: 

Classes of Municipalities 

Section 1. All municipal corporations within the 
state are hereby classified as follows: Those having 
a population of more than 400,000 shall constitute 
the first class; those having a population of more 
than 250,000 and not exceeding 400,000 shall consti¬ 
tute the first and one-half class; those having a pop¬ 
ulation of more than 100,000, and not exceeding 
250,000 shall constitute the second class; those hav¬ 
ing a population of more than 35,000 and not ex¬ 
ceeding 100,000 shall constitute the second and one- 
half class; those having a population of more than 
23,000 and not exceeding 35,000 shall constitute the 
third class; those having a population of more than 
20,000 and not exceeding 23,000 shall constitute the 
fourth class; those having a population of more 
than 6,000 and not exceeding 20,000 shall constitute 
the fifth class; those having a population of not 
exceeding 6,000 shall constitute the sixth class; pro¬ 
vided that nothing herein shall change the classi¬ 
fication of existing cities organized under the mu¬ 
nicipal corporation act. 

Basis of Classification 

Sec. 2. For the purpose of classifying municipal 
corporations as in this act provided, the population 
of all municipal corporations within the state is 
hereby determined to be the population of such 
municipal corporations as shown by the federal 
census taken in the year A. D. nineteen hundred 
and ten; provided, however, that whenever a new 
federal census is taken, the municipal corporations 
within the state are not, by operation of law, re- 




CALIFORNIA ELECTION LAWS 


175 


classified under such census, but shall remain in the 
old classification until reclassified by the legislature, 
unless a direct enumeration of the inhabitants there¬ 
of be made, as in section 3 of this act provided. 

Plan of Reorganization 

Sec. 3. The Council, Board of Trustees, or other 
| legislative body of any municipal corporation, may 
at any time cause an enumeration of the inhabitants 
thereof to be made, and in such manner and under 
such regulations as such body may by ordinance 
direct. If upon such enumeration It shall appear 
that such municipal corporation contains a suffi¬ 
cient number of inhabitants to entitle it to reor¬ 
ganize under a higher or lower class, the Common 
! Council, Trustees, or other legislative body shall, 
upon receiving a petition therefor signed by not 
less than one-fifth of the qualified electors thereof, 
submit to the electors of such city or town, at the 
i next general election to be held therein, the ques¬ 
tion whether such city or town shall reorganize 
j under the laws relating to municipal corporations 
of the class to which such city or town may be¬ 
long. And thereupon such proceedings shall be 
j had and election held as provided in the general 
law for the reorganization, incorporation and gov¬ 
ernment of municipal corporations. If a majority 
of the votes cast at such election shall be in favor 
of such reorganization, thereafter such officers 
shall be elected as are or may be and at the time 
prescribed by law for municipal corporations of 
the class having the population under which such 
reorganization is had, and from and after the 
qualification of such officers, such corporation 
shall belong to such class. Whenever the result 
of such enumeration shall have been declared by 
the Council, Board of Trustees, or other governing 
body, and entered in the minutes of such body, 
thereupon the number of such inhabitants so as¬ 
certained shall be deemed the number of the in¬ 
habitants of such city for all the purposes of this 


Enum¬ 

eration 


Petition 


General 

Law 


On 

Minutes 







176 


CALIFORNIA ELECTION LAWS 


Certified 

Copy 


Act, and for the purposes of legislation affecting 
municipalities. The Clerk of the Council, Board 
of Trustees, or other governing body of such city, 
shall cause a certified copy of such minute order 
to be filed with the Board of Supervisors of the 
county wherein such city is situated. 


CALIFORNIA ELECTION LAWS 


177 


CHAPTER XI. 

DIRECT LEGISLATIONS BY MUNICIPALITIES 
—INITIATIVE AND REFERENDUM 

An Act to provide for direct legislation by cities 
and towns, including initiative and referendum. 

[Approved Janury 2, 1912.] 

The people of the State of California do enact as 
follows: 

Initiative Petitions 

See. 1. Ordinances may be enact/ed by and for 
any incorporated city or town of the state in the 
manner following: Any proposed ordinance may be 
; submitted to the legislative body of such city or 
; town by a petition filed with the clerk of such 
legislative body after being signed by qualified 
electors of the city or town not less in number than 
the percentages hereinafter required. The signa¬ 
tures to the petition need not all be appended to one 
paper. Each signer shall add to his signature his 
place of residence and occupation, giving street and 
number, where such street and number, or either, 
exist, and if no street or number exist, then such 
a designation of the place of residence as will en¬ 
able the location to be readily ascertained. Each 
such separate paper shall have attached thereto 
an affidavit made by a qualified elector of the city 
or town, and sworn to before, an officer competent 
to administer oaths, stating that the affiant circu¬ 
lated that particular paper and saw written the 
signatures appended thereto; and that according 
to the best information and belief of the affiant, 
each is the genuine signature of the person whose 
name purports to be thereunto subscribed, and of 
a qualified elector of the city or town. Within ten 
days from the date of filing such petition, the clerk 
shall examine, and from the records of registration, 
ascertain whether or not said petition is signed by 
the requisite number of qualified electors, and he 
shall attach to said petition his certificate showing 
the result of said examination. If by the clerk's 
certificate the petition is shown to be insufficient, 
it may be supplemented within ten days from the 


Initiative 

Petitions 


What 

Petition 

Contains 


Clerk’s 

Certificate 


Supplement 





178 


CALIFORNIA ELECTION LAWS 


On File 


Per Cent of 
Signatures 


When 
Passed by 
Board 


Special 

Election 


When 
Submitted 
at Regular 
Election 


date of such certificate by the filing of additional 
papers, duplicates of the original petition except 
as to the names signed. The clerk shall, within 
ten days after such supplementing papers are filed, 
make like examination of the supplementing peti¬ 
tion, and if his certificate shall show that all the 
names to such petition, including the supplemental 
papers, are still insufficient, no action on the peti¬ 
tion shall be mandatory on the legislative body; 
but the petition shall remain on file as a public 
record; and the failure to secure sufficient names 
shall be without prejudice to the filing later of an 
entirely new petition to the same or similar effect. 
If the petition shall be found to be sufficient, the 
clerk shall submit the same to the legislative body 
at its next regular session. If the petition accom¬ 
panying the proposed ordinance be signed by not 
less than fifteen per cent of the electors of such city 
or town, and contains a request that such ordinance 
be submitted forthwith to a vote of the people at 
a special election, then the legislative body shall 
either: 

Passing by Board 

(a) Pass such ordinance without alteration at 
the regular session at which it is> presented and 
within ten days after is is presented, or 

Special Election 

(b) Forthwith, the legislative body shall pro¬ 
ceed to call a special election at which such ordin¬ 
ance, without alteration, shall be submitted to a 
vote of the electors of the city or town. 

How Voted at Election 

If the petition be signed by the electors not less 
than ten per cent of the electors of such city 
or town, and the ordinance petitioned for is 
not required to be, or for any reason is not, sub¬ 
mitted to the electors at a special election, and is 
not passed without change by said legislative body, 
then such ordinance without alteration, shall be 
submitted by the legislative body to a vote of the 
electors at the next regular municipal election. 
The ballots used when voting upon said proposed 


CALIFORNIA ELECTION LAWS 


170 


ordinance shall have printed thereon the words 
“Shall the ordinance (stating the nature thereof) 
be adopted?” Opposite such proposition to be voted 
on, and to the right thereof, the words “Yes” and 
“No” shall be printed on separate lines, with vot¬ 
ing squares. If an elector shall stamp a cross (X) 
in the voting square after the printed word “Yes,” 
his vote shall be counted in favor of the adoption 
of the ordinance, and if he shall stamp a cross (X) 
in the voting square after the printed word “No,” 
his vote shall be counted against the adoption of 
the same. If a majority of the qualified electors 
voting on said proposed ordinance ' shall vote in 
favor thereof, such ordinance shall thereupon be¬ 
come a valid and binding ordinance of the city or 
town, and be considered as adopted upon the date 
that the vote is canvassed and declared by the 
canvassing board, and go into effect ten days there¬ 
after. Such ordinance shall have the same force 
and effect as one passed by the legislative body 
of the city or town, except that no ordinance pro¬ 
posed by petition as in this section provided, and 
thereafter passed by the vote of the legislative 
body of the city or town without submission to a 
vote of the people, or voted upon and adopted 
by the people, shall be repealed or amended 
except by a vote of the people, unless provision oth¬ 
erwise be made in the ordinance itself. Any number 
of proposed ordinances may be voted upon at the 
same election in accordance with the provisions of 
this statute; provided, that there shall not be held 
under this statute more than one special election in 
any period of six months. If any measure be sub¬ 
mitted upon an initiative petition of registered vot¬ 
ers, as hereinbefore provided, the persons filing said 
petition shall have the right, if they so choose, to 
present and file therewith a written argument in 
support thereof not exceeding three hundred words 
in length, which argument shall be printed upon 
the sample ballot issued for said election. Upon 
the same ballot shall also be printed any argument 
of not exceeding three hundred words in length in 
opposition thereto which may be prepared by the 
legislative body. If the provisions of two or more 


Ballots 


Majority 

Decides 


Not More 
Than One 
Election in 
Six Months 

Written 

Arguments 

Optional 


Opposing 

Argument 





When No 
Petition 


Sample 
Ballot and 
Copy of 
Ordinance 


Time of 
Holding 
Election 


When Later 
Than Sixty 
Days 


When 
Submitted 
at Regular 
Election 


180 CALIFORNIA ELECTION LAWS 

ordinances adopted at the same election conflict, 
then the ordinance receiving the highest number of 
affirmative votes shall control. The legislative body 
of the city or town may submit to the people, 
without a petition therefor, a proposition for the 
repeal of any adopted ordinance, or for amend¬ 
ments thereto, or for the enactment of any new 
ordinance, to be voted upon at any succeeding 
regular or special municipal city or town election, 
and if such proposition so submitted receive a ma¬ 
jority of the votes cast thereon at such election, 
such ordinance shall be repealed, amended or en¬ 
acted accordingly. Whenever any ordinance or 
proposition is required by this statute to be sub¬ 
mitted to the voters of a city or town at any elec¬ 
tion, the clerk of the legislative body shall cause 
the ordinance or proposition to be printed and he 
shall mail a copy thereof, enclosed in an envelope 
with a sample ballot to each voter at least ten 
days prior to the election. All the provisions of 
this statute are to be liberally construed for the 
purpose of ascertaining and enforcing the will of 
the electors. The enacting clause of an ordinance 
passed by the vote of the electors shall be substan¬ 
tially in the following form: “The people of the- 

city (or town) of.do ordain as follows:” I 

When a special election is to be called under the 
terms of this section, it shall be held not less than 
thirty nor more than sixty days after the date of 
the presentation of the proposed ordinance to the 
legislative body, and shall be held as nearly as 
may be in accordance with the election laws of 
the state; provided, however, that, to avoid holding 
more than one such election within any six months, 
the date for holding such special election may be 
fixed later than sixty days, but at as early a date 
at practicable after the expiration of such six 
months; provided, further, that when under any 
of the terms of this statute fixing the time within 
which a special election shall be held it is made 
possible to hold the same within six months prior 
to a regular municipal election, the legislative body 
may in its discretion, submit the proposed ordi¬ 
nance at such regular election instead of at a special 
election. Except an ordinance calling or otherwise 



CALIFORNIA ELECTION LAWS 181 

relating to an election, no ordinance passed by the 
legislative body of a city or town, except when 
otherwise specially required by the laws of the 
state, and except an ordinance for the immediate 
preservation of the public peace, health or safety, 
which contains a declaration of, and the facts con¬ 
stituting its urgency and is passed by a four-fifths 
vote of the legislative body of a city or town, and 
no ordinance granting a franchise shall go into ef¬ 
fect before thirty days from its final passage; and if, 
during said thirty days, a petition, signed by quali¬ 
fied voters of the city or town equal to ten per cent 
of the electors of such city or town voted for, 
protesting against the passage of such ordinance, 
be presented to the legislative body, the same shall 
thereupon be suspended from going into operation, 
and shall be the duty of the legislative body to re¬ 
consider such ordinance. If said legislative body 
shall thereupon not entirely repeal said ordinance, 
it shall submit the same to a vote of the electors 
either at a regular municipal election or a special 
election to be called for the purpose, and such 
ordinance shall not go into effect or become oper¬ 
ative unless a majority of the voters voting upon 
the same shall vote in favor thereof. Such, peti¬ 
tions and the provisions of the law relative to the 
duty of the clerk in regard thereto and the manner 
of voting thereon, shall conform to the rules pro¬ 
vided herein for the initiation of legislation by 
the electors. 

Veto 

In cities or towns having a mayor (or like offi¬ 
cer), with the veto power, the passage of an ordin¬ 
ance petitioned for by the electors, followed by its 
veto by the mayor (or like officer) and the failure 
of the legislative body to pass the same over such 
veto, shall be deemed and treated as a refusal of 
the legislative body to pass the ordinance, within 
the meaning of this statute; and a vote of the legis¬ 
lative body in favor of the repeal of an ordinance 
previously passed (but protested against by the 
electors as herein provided for) followed by a veto 
of such repeal by thq* mayor (or like officer) and 
the failure of the legislative body to pass said re- 


Re-consid 

eration 


Majority 
of Voters 
Decide 


Veto 







Does Not 
Affect 
Charter 
Cities 


Street 

Work 


Repeal of 
Old Act 


182 CALIFORNIA ELECTION LAWS 

peal over said veto, shall be deemed and treated 
as a refusal to repeal the ordinance so protested 
against. In such city or town the date of approval 
of an ordinance by the mayor or like officer (or of 
the expiration without his action thereon of the 
time within which he may veto the same, if such 
expiration of time for his action without his ap¬ 
proval or veto has the effect of making the ordi¬ 
nance a law) shall be deemed the date of final pas¬ 
sage of the ordinance by the legislative body, with¬ 
in the meaning of this statute. Any duty herein 
in terms, or by reasonable implication, imposed 
upon the legislative body in regard to calling an 
election, or in connection therewith, shall be like¬ 
wise imposed upon any mayor, or any other officer 
having any duty to perform connected with the 
elections, so far as may be necessary to fully carry 
out the provisions of this statute. 

Charter Cities—Street Work 

Sec. 2. This act is not intended to apply to those 
cities having a freeholders ’ charter adopted and 
ratified under the provisions of section 8 of article 
XI of the constitution, and having in such charter 
provision for the direct initiation of ordinances by 
the electors; nor to proceedings had for the im¬ 
provement of streets in or rights of way owned by 
municipalities, the opening or closing of streets, the 
changing of grades or the doing of other work, the 
cost of which or any portion of which is to be borne 
by special assessments upon real property. 

Repeal of Conflicting Acts 

Sec. 3. Sections 2 and 3 of the act approved 
March 14th, 1911, entitled "An act adding three 
new sections to an act entitled ‘An act to provide 
for the organization, incorporation and govern¬ 
ment of municipal corporations,’ approved March 
13, 1883, to be numbered 10, 11 and 12 and relating 
to the government of municipal corporations and 
providing for the recall, initiative and referen¬ 
dum,” are hereby repealed. 


CALIFORNIA ELECTION LAWS 


183 


CHAPTER XII. 

RECALL OF OFFICIALS IN MUNICIPALITIES 

An Act to provide for the recall of elective officers 
of incorporated cities and towns. 

[Approved January 2, 1912.] 

The people of the State of California do enact as 
follows: 


Procedure 

Sec. 1. The holder of any elective office of any 
incorporated city or town may be removed or re¬ 
called at any time by the electors; provided, he has 
held his office at least six months. The provisions 
of this statute are intended to apply to officials 
now in office, as well as to those hereafter elected. 
.The procedure to effect such removal or recall shall 
be as follows: A petition demanding the election of 
a successor to the person sought to be removed 
shall be filed with the clerk of the legislative body 
of such city or town, which petition shall be signed 
by qualified voters equal in number to at least 
twenty-five per cent of the entire vote cast within 
such city or town for all candidates for the office 
which the incumbent sought to be removed occu 
pies, at the last preceding regular municipal elec¬ 
tion at -which such officer was voted for (or a like 
percentage of such vote within those precincts of 
the city or town embraced within the ward or sub¬ 
division of the city or town entitled to vote for a 
successor to the officer named, in case of an offi¬ 
cial not elected by the city or town at large), and 
shall contain a statement of the grounds on which 
the removal or recall is sought, which statement is 
intended solely for the information of the electors. 
Any insufficiency of form or substance in such 
statement shall in nowise affect the validity of the 
election and proceedings held thereunder. The sig¬ 
natures to the petition need not all be appended to 
one paper. Each signer shall add to his signature 
his place of residence and occupation, giving street 
and number, where such street and number, or either, 
exist, and if no street or number exist, then such 


Must be 
in Office 
Six Months 


Procedure 
for Recall 


Grounds 
of Petition 


What 

Paper 

Contains 




184 CALIFORNIA ELECTION LAWS 


Oath of 
Party 

Circulating 

Petition 


Time 

Allowed 

Clerk 


Supplement 


Additional 

Help 

Allowed 

When 
Clerk is 
Party to be 
Recalled 


a designation of the place of residence as will en¬ 
able the location to be readily ascertained. Each 
such separate paper shall have attached thereto an 
affidavit made by a qualified elector of the city or 
town (or particular subdivision thereof as the case 
may be) and sworn to before an officer competent 
to administer oaths, stating that the affiant circu¬ 
lated that particular paper and saw written the 
signatures appended thereto; and that according to 
the best information and belief of the affiant, each 
is the genuine signature of the person whose name 
purports to be thereunto subscribed, and of a quali¬ 
fied elector of the city or town (or particular sub¬ 
division thereof). Within ten days from the date 
of filing such petition, the clerk shall examine and 
from records of registration ascertain whether or 
not said petition is signed by the requisite number 
of qualified voters, and he shall attach to said peti¬ 
tion his certificate showing the result of said exam¬ 
ination. If by the clerk’s certificate the petition is 
shown to be insufficient, it may be supplemented 
within ten days from the date of such certificate, 
by the filing of additional papers, duplicates of the 
original petition except as to the names signed. 
The clerk shall, within ten days after such supple¬ 
menting papers are filed, make like examination of 
the supplementing petition, and if his certificate shall 
show that all the names to such petition, including 
the supplemental papers, are still insufficient, no ac¬ 
tion shall be taken thereon; but the petition shall re¬ 
main on file as a public record; and the failure to se¬ 
cure sufficient names shall be without prejudice to the 
filing later of an entirely new petition to the same 
effect. If required by the clerk, the legislative body 
of said city or town, shall authorize him to employ, 
and shall provide for the compensation to be paid, 
persons necessary in the examination of said peti¬ 
tion and supplementing petition, all in addition to 
the persons regularly employed by him in his office. 
In case the clerk is the officer sought to be recalled, 
the duties herein provided to be performed by him 
shall be performed by some other person designated 
by said legislative body for that purpose. If the 
petition shall be found to be sufficient, the clerk 
shall submit the same to the legislative body of the 


CALIFORNIA ELECTION LAWS 


185 


city or town without delay, whereupon that body 
shall forthwith cause a special election to be held 
within not less than thirty-five nor more than forty 
days after the date of the order calling such elec¬ 
tion, to determine whether the voters will recall 
such officer; provided, that if a regular municipal 
election is to occur within sixty days from the date 
of the order calling such election, the legislative 
body of the city or town may, in its discretion, 
postpone the holding of such election to such regu¬ 
lar municipal election or submit such recall elec¬ 
tion at any such election occurring not less than 
thirty-five days after such order. If ^vacancy occur 
in said office after a recall petition is filed, the elec¬ 
tion shall nevertheless proceed as in this section 
provided. One. petition is sufficient to propose the 
removal and election of one or more elective offi¬ 
cials. One election is competent for the removal 
and election of one or more elective officials. Nom¬ 
inations for any office under such recall election shall 
be made by petition in the manner prescribed by 
section 1188 of the Political Code; except that no 
party affiliation of candidate, signer or verification 
deputy shall be given, nor shall the election as a 
convention delegate or participation in a primary 
election be any bar to signing such petition. Upon 
the sample ballot there shall be printed in not more 
than two hundred words, the reasons set forth in 
the recall petition for demanding the recall of the 
officer, and upon the same ballot in not more than 
two hundred words, the officer may justify his 
course in office. There shall be printed on the re¬ 
call ballot, as to every officer whose recall is to be 
voted on thereat, the following question: 11 Shall 
(name of person against whom the recall petition 
is filed) be recalled from the office of (title of the 
office) V ’ following which question shall be the 
words “Yes” and "No” on separate lines, with a 
blank space at the right of each, in which the voter 
shall indicate by stamping a, cross (X) his vote for 
or against such recall. On such ballots, under each 
such question, there shall also be printed the names 
of those persons who have been nominated as candi¬ 
dates to succeed the person recalled, in case he 
shall be removed from office by said recall election; 


Time of 

Special 

Election 


When 

Voted on at 

Regular 

Election 


One 

Petition for 
One or More 
Officials 


What 

Baljot 

Contains 


Names on 
Ballot 



CALIFORNIA ELECTION LAWS 


Qualifica¬ 
tions of 
Candidate 


Canvass 


When 

Office 

Becomes 

Vacant 


Charter 
Cities not 
Affected 


Repeal of 
Old Section 


180 

but no vote shall be counted for any candidate for 
said office unless the voter also voted on said ques¬ 
tion of the recall of the person sought to be recalled 
from said office. The name of the person against 
whom the petition is filed shall not appear on the 
ballot as a candidate for the office. If a majority of 
those voting on said question of the recall of any in¬ 
cumbent from office shall vote “No,” said incum¬ 
bent shall continue in said office. If a majority shall 
vote “Yes,” said incumbent shall thereupon be 
deemed removed from such office, upon the qualifi¬ 
cation of his successor. The canvassers shall can¬ 
vass all votes for candidates for said office and de¬ 
clare the result in like manner as in a regular 
election. If the vote at any such recall election 
shall recall the officer, then the candidate who has 
received the highest number of votes for the office 
shall be thereby declared elected for the remainder 
of the term. In case the person who received the 
highest number of votes shall fail to qualify with¬ 
in ten days after receiving his certificate of elec¬ 
tion, the office shall be deemed vacant and shall be 
filled according to law. 

Charter Cities 

Sec. 2. This act is not intended to apply to 
those cities having a freeholders’ charter, adopted 
under the provisions of section 8 of article XI of 
the constitution, and having in such charter pro¬ 
vision for the recall of elective officials by the 
electors. 

Repeal of Conflicting Acts 

Sec. 3. Section one (1) of an act entitled “An 
act adding three new sections to an act entitled 
‘An act to provide for the organization, incorpora¬ 
tion and government of municipal corporations,’ 
approved March 13, 1883, to be numbered 10, 11 
and 12 and relating to the government of municipal 
corporations and providing for the recall, initiative 
and referendum,” and approved March 14th, 1911, 
is hereby repealed. 


CALIFORNIA ELECTION LAWS 


187 


CHAPTER XIII. 

CONTROL OF PUBLIC UTILITIES IN 
MUNICIPALITIES 

An Act to provide for submitting to the qualified 
electors of every city and county, or incorporated 
city or town, in this state, the question whether 
such city and county, or incorporated city or town, 
shall retain powers of control vested therein re¬ 
specting all or any public utilities, and to pro¬ 
vide for elections thereafter to surrender such 
powers of control in case the qualified electors of 
any such city and county, or incorporated city 
or town, shall have voted to retain such powers 
of control. 

[Approved June 7, 1915.] 

The people of the State of California do enact as 
follows: 


Control and Surrender 

Sec. 1. Any city and county, or incorporated 
city or town, may retain or surrender to the rail¬ 
road commission of the State of California the pow¬ 
ers of control vested therein to supervise and regu¬ 
late the relationship between any one or more 
classes of public utilities, and their present or 
prospective customers, consumers or patrons, and, 
if it has retained such powers over any class or 
classes of public utilities, may thereafter surrender 
such powers to the railroad commission of the 
State of California, hereinafter called the railroad 
commission, all as in this act provided, but this 
act shall not be construed to authorize any city and 
county, or incorporated city or town, to surrender 
to the railroad commission, its powers of control to 
supervise and regulate the relationship between a 
public utility and the general public in matters 
affecting the health, convenience and safety of the 
general public, including matters sueh as the use 
and repair of public streets by any public utility, 
the location of the poles, wires, mains or conduits 
of any public utility, on, under or above any public 
streets, and the speed of common carriers operating 
within the limits of the municipality. 


Surrender 
of Powers 


Control 
by R. R. 
Commission 





188 


CALIFORNIA ELECTION LAWS 


Definition 


Definition of 
“Powers of 
Control" 


Definitions 


Definitions 

Sec. 2. (a) The term “ municipal corporation, ’ * 
as used in this act, shall be construed to mean a 
city and county, or incorporated city or town. 
The term “legislative body,” as used in this act, 
shall be construed to mean the board of supervisors, 
municipal council, commission or other legislative 
or governing body of a municipal corporation. 

Additional Definitions 

(b) The term “powers of control,” as used in 
this act, and as used on any ballot prepared and 
used under the provisions of this act, with refer¬ 
ence to public utilities, or to any class or classes 
of public utilities, in any municipality or municipali¬ 
ties, means all powers of control vested in such mu¬ 
nicipality or municipalities to supervise and regulate 
the relationship between such public utilities, or such 
class or classes of public utilities, and their present 
or prospective customers, consumers or patrons, but 
said term shall not be construed to include the pow¬ 
ers of control vested in any municipality or munici¬ 
palities to supervise and regulate the relationship 
between such public utilities, or such class or classes 
of public utilities, and the general public in mat¬ 
ters affecting the health, convenience and safety 
of the general public, including matters such as the 
use and repair of public streets by any public util¬ 
ity, the location of the poles, wires, mains or con¬ 
duits of any public utility, on, under or above any 
public streets, and the speed, of common carriers 
operating within the limits of the municipality. 

Sec. 3. The terms “railroad corporation,” 
“street railroad corporation,” “common carrier,” 
“gas corporation,” “electrical corporation,” 
“telephone corporation,” “telegraph corporation,” 
“water corporation,” “wharfinger,” “warehouse¬ 
man,” and “public utility,” as used in this act, 
shall severally have the same meaning as is given to 
them, respectively, in section 2 of the act known 
as the “Public Utilities Act.” 

Procedure—Petition 

See. 4. The question whether any municipal cor- 




CALIFORNIA FLECTION LAWS 


189 


poration shall retain its powers of control respect¬ 
ing one or more classes of public utilities may be 
submitted to the qualified electors of such munici¬ 
pal corporation, as provided in this act, either at 
a general municipal election or at a special election 
held therein. Such a question may be so submitted, 
either in pursuance of an ordinance of intention 
adopted by a vote of three-fifths of all the mem- 
|bers of the legislative body of such municipal cor- 
i poration, declaring that the public interest requires 
the submission of, and that it is the intention of 
such legislative body to submit, such question to a 
vote of the qualified electors of such municipal cor¬ 
poration, or in pursuance of a petition of qualified 
electors of such municipal corporation, as herein¬ 
after provided. Such ordinance of intention or 
such petition, as the case may be, shall contain the 
propositions proposed to be so submitted, as set forth 
I in section 6 of this act. Such petition shall be 
signed by qualified electors of such municipal cor¬ 
poration, equal in number to ten per centum of 
such qualified electors, computed upon the total 
number of votes cast in such municipal corporation 
for all candidates for governor at the last preceding 
general election prior to the filing of such petition 
at which a governor was eleeted. Such petition may 
consist of separate papers; provided, that if any 
paper consists of more than one sheet, it shall be 
securely fastened together at the top. The signa¬ 
tures need not all be appended to one sheet of 
paper. Each such paper shall have attached there¬ 
to, at the bottom of the last sheet thereof, the affi¬ 
davit of a qualified elector of such municipal cor¬ 
poration, stating that all of the signatures on each 
sheet thereof were made in his presence, and that 
to the best of his knowledge and belief each signa¬ 
ture is the genuine signature of the person whose 
name purports to be thereto subscribed. Such peti¬ 
tion shall be filed with the clerk of the legislative 
body of such municipal corporation. Within ten 
days from the date of the filing of such petition, 
said clerk shall examine the petition and ascertain 
from the record of the registration of the electors 
of the city and county, or of the county in which 
such municipal corporation is situated, whether the 


General 
or Special 
Municipal 
Election 


Power of 
Board or by 
Petition 


Per Cent of 
Signatures 


What 

Paper 

Contains 


Filing 


Examination 

of 

Signatures 




190 


CALIFORNIA ELECTION LAWS 


Certificate 


Supplement 


No Judicial 
Review 
After 
Election 


petition is signed by the requisite number of the 
qualified electors of such municipal corporation; 
and if requested by said clerk, the said legislative 
body of said municipal corporation shall authorize 
him to employ persons specially to assist him in 
the work of examining such petition and shall pro¬ 
vide for their compensation. Upon the completion 
of such examination, said clerk shall forthwith at¬ 
tach to said petition his certificate, properly dated, 
showing the result of such examination. If from 
such examination said clerk shall find that said pe¬ 
tition is signed by the requisite number of quali¬ 
fied electors, he shall certify that the same is suffi¬ 
cient; but if, from such examination, he shall find 
that said petition is not signed by such requisite 
number of qualified electors, he shall certify to the 
number of qualified electors signing such petition 
and to the number of qualified electors required to 
make such petition sufficient. If, by the certificate 
of said clerk, the petition is shown to be insufficient, 
it may be amended by filing a supplemental peti¬ 
tion within ten days from the date of such certifi¬ 
cate. Said clerk shall, within ten days from the 
filing of such supplemental petition, make like ex¬ 
amination of the same and certify to the result of 
such examination as hereinbefore provided. If the 
certificate of the clerk shall show any such petition, 
or any such petition together with a supplemental 
petition, to be insufficient, it shall be retained by 
him and kept as a public record, without prejudice, 
however, to the filing of a new petition to the same 
effect. But if, by the certificate of the clerk, such 
petition, or such petition together with a supple¬ 
mental petition, is shown to be sufficient, the clerk 
shall forthwith present the same to the legislative 
body of such municipal corporation. The suffi¬ 
ciency or insufficiency of such petition shall not be 
subject to review by such legislative body. After 
the election held in pursuance of such petition, the 
sufficiency of such petition in any respect shall not 
be subject to judicial review or be otherwise ques¬ 
tioned. In any city and county having a board of 
election commissioners and a registrar of voters, 
the clerk of the legislative body thereof shall imme¬ 
diately upon the filing of any petition with him, 


CALIFORNIA ELECTION LAWS 


191 


[transmit the same to such board of election com¬ 
missioners, who shall forthwith deliver such peti¬ 
tion to said registrar of voters, who shall perform 
all the duties herein required to be performed in 
other municipal corporations by the clerk of the 
legislative body thereof, respecting the examina¬ 
tion and certification of such petition. Such regis¬ 
trar of voters shall, upon making his certificate, 
forthwith return said petition to said clerk, who 
shall thereupon present such petition and the certi¬ 
ficate thereto attached to the legislative body of 
such municipal corporation as hereinbefore in this 
'section provided. A 

k Election 

Sec. 5. Upon the adoption of such ordinance of 
intention, or the presentation as aforesaid of such 
petition, as provided in section 4 of this act, the 
legislative body of such municipal corporation shall, 
I by ordinance, order the holding of a special elec¬ 
tion for the purpose of submitting to the qualified 
'electors of such municipal corporation the proposi¬ 
tions set forth in such ordinance of intention or in 
such petition, as the case may be, or such legislative 
ibody shall, by ordinance, order the submission of 
i such propositions at a general municipal election, 
as hereinafter provided. Such special election shall 
be held not less than twenty days nor more than 
i sixty days after the adoption of the ordinance of 
intention provided for in section 4 of this act, or 
the presentation of such petition to said legislative 
body; provided, that if a general municipal election 
shail occur in said municipal corporation not less 
than twenty days nor more than sixty days after 
the adoption of said ordinance of intention or the 
presentation of said petition to said legislative 
body, said propositions may be submitted at such 
general municipal election, in the same manner as 
other propositions are required by law to be sub¬ 
mitted at general municipal elections in such muni 
cipal corporation. Every special election held in 
any municipal corporation under the provisions of 
this act, shall be called by the legislative body 
thereof, by ordinance, which shall specify the prop¬ 
ositions to be submitted at such election and the 


Where 
Election 
Commission¬ 
ers Act 


Special 

Election 


Election 
When Held 


When at 

General 

Election 


Election 
How Called 
What 
Ordinance 
Contains 





192 


CALIFORNIA ELECTION LAWS 


Publication 


When 

Posted 


Ballots 


What 

Ballots 

Contain 


date thereof, and, where provision is not otherwise 
made by law, shall establish the election precincts 
therefor and designate the polling places therein, 
and the names of the election officers for each such 
precinct. Such ordinance shall, prior to such elec¬ 
tion, to be published five times in a daily newspa¬ 
per printed and published in such municipal cor¬ 
poration, or twice in a weekly newspaper printed 
and published therein, if there be no such daily 
newspaper; provided, that if no such daily or week¬ 
ly newspaper be printed and published in such 
municipal corporation, the clerk of said legislative 
body shall post a copy of said ordinance in three 
public places in such municipal corporation at least 
ten days prior to such election. 

Ballots, Form and Arrangement 

Sec. 6. The ballots to be used at any general 
municipal election or at any special election, at 
which is submitted the question whether a munici¬ 
pal corporation shall retain its powers of control 
respecting public utilities shall have printed there¬ 
on, in addition to the other matters required by 
law, such of the following propositions as are speci¬ 
fied in the ordinance of intention or the petition: 

“Proposition No. 1. Shall.(name 

of municipal corporation) retain its powers of con¬ 
trol over railroad corporations?’’ 

“Proposition No. 2. Shall.(name 

of municipal corporation) retain its powers of con¬ 
trol over street railroad corporations?” 

“Proposition No. 3. Shall.(name 

of municipal corporation) retain its powers of con¬ 
trol over common carriers other than railroad and 
street railroad corporations?” 

“Proposition No. 4. Shall.(name 

of municipal corporation) retain its powers of con¬ 
trol over gas corporations?” 

“Proposition No. 5. Shall.(name 

of municipal corporation) retain its powers of con¬ 
trol over electric corporations?” 

“Proposition No. 6. Shall. (name 

of municipal corporation) retain its powers of con¬ 
trol over telephone corporations?” 








CALIFORNIA ELECTION LAWS 


193 


“Proposition No. 7. Shall.(name 

of municipal corporation) retain its powers of con¬ 
trol over telegraph corporations ?’ 1 

“Proposition No. 8. Shall.„...(name 

of municipal corporation) retain its powers of con¬ 
trol over water corporations?” 

“ Proposition No. 9. Shall..(name 

of municipal corporation) retain its powers of con¬ 
trol over wharfingers?” 

“Proposition No. 10. Shall.-.(name 

of municipal corporation) retain its powers of con¬ 
trol over warehousemen?” 


Opposite each such proposition to be voted upon, 
and to the right thereof, the w T ords “Yes” and 
I “No” shall be printed on separate lines, with vot- 
| ing squares. Any voter desiring to vote in favor 
of the retention of the powers of control of such 
j municipal corporation respecting any particular 
I class of public utility, shall stamp a cross (X) in 
(the voting square after the printed word “Yes” 
opposite the proposition as to such class, and any 
voter desiring to vote against the retention of such 
powers of such municipal corporation respecting 
any particular class of public utility, shall stamp 
a cross (X) in the voting square after the printed 
word “No” opposite such proposition. 

Official Canvass 

Sec. 7. If the proposition specified in section G 
| of this act shall have been submitted at a special 
election in any municipal corporation, then the leg¬ 
islative body or other body or board charged with 
the duty of canvassing the returns and declaring 
the result of elections in such municipal corpora¬ 
tion, shall meet at their usual place of meeting on 
the first Monday after such election to canvass the 
returns and declare the result thereof. Immediately 
upon the completion of such canvass, or upon the 
completion of the canvass of the returns of any 
general municipal election at which such proposi¬ 
tions shall have been submitted, such legislative 
body or other body or board charged with said duty 
shall make an order declaring the result of the elec¬ 
tion upon such propositions and shall cause the same 
to be entered upon its minutes, which order shall 


How to 
Vote 


When 
Canvass is 
Made 







Entered on 
Minutes 


When 

Powers 

Retained 


When 

Powers Not 
Retained 


Two 

Certified 

Copies 

Copies Filed 

in Office of 

State 

Railroad 

Commission 

and 

Secretary 
of State 


104 CALIFORNIA ELECTION LAWS 

show the total number of votes cast upon each such 
proposition, and the number of votes cast respect¬ 
ively in favor of and against each such proposition. 
If it shall appear from the result of such election, 
as so declared, that a majority of the qualified 
electors of such municipal corporation voting on 
any proposition submitted, as provided in section 
5 of this act, shall have voted to retain the powers 
of control of such municipal corporation respecting 
any particular class of public utility, such munici¬ 
pal corporation shall be deemed to have elected to 
retain such powers of control respecting such class 
of public utility, and such powers shall be exercised 
by such municipal corporation until the same may be 
surrendered as hereinafter provided; and if it shall 
appear from the result of such election, as so de¬ 
clared, that a majority of such qualified electors 
so voting on any such proposition shall have 
voted not to retain such powers respecting any 
class of public utility, such municipal corpora¬ 
tion shall be deemed to have elected not to 
retain such powers of control respecting such 
class of public utility, and such power of con¬ 
trol shall thereafter vest in and be exercised 
by the railroad commission as provided by law. Im¬ 
mediately upon the entry of the order declaring the 
result of the election as to such proposition, the 
clerk of the legislative body or the registrar of vot¬ 
ers of any municipal corporation having a board of 
election commissioners and a registrar of voters, 
shall make copies, in duplicate, of such order, and 
shall attach to each such copy his certificate under 
the seal, if any, of such municipal corporation, or 
of such board of election commissioners, certify¬ 
ing that the same is a true and correct copy of such 
order. Said clerk or registrar of voters, as the case 
may be, shall forthwith file one of said copies in 
the office of the railroad commission of the State 
of California and the other in the office of the sec¬ 
retary of state. Immediately upon the filing of 
such certified copy of such order in the office of 
the railroad commission the powers of control there¬ 
tofore vested in such municipal corporation over 
any class or classes of public utilities which a ma¬ 
jority of the qualified electors of such municipal 


CALIFORNIA ELECTION LAWS 195 

corporation voting thereof shall have voted not to 
retain, as shown by such order shall thereupon 
vest in and be exercised by the railroad commis¬ 
sion. 

Later Surrender of Powers—Election—Canvass 

Sec. 8. Any municipal corporation which shall 
have retained the powers of control vested therein 
respecting any class or classes of public utilities 
may thereafter surrender its powers of control as 
to such class or classes of public utilities at a gen- 
i eral municipal election, or at a special election 
! therein called for that purpose. Tlpe ballots to be 
! used at such election shall have printed thereon, 
in addition to the other matters required by law, 
separate propositions as to each class of public 
utilities as to which such municipal corporation may 
retain its powers of control and as to which it may 
be desired to vote. As to each of such classes of 
public utilities, and in addition to the other mat¬ 
ters required by law to be printed thereon, a prop- 
| osition shall be printed on the ballot to be used at 
such election in substantially the following form: 
h “ Shall..(name of municipal corpora¬ 
tion) surrender its powers of control over. 

j (here insert class of public utility) to the railroad 
i commission ?' ’ Opposite each such proposition to 
J> be voted upon, and to the right thereof, the words 
j “Yes” and “No” shall be printed on separate 
I lines, with voting squares. Any elector desiring to 
' vote to surrender the powers of control of such 
municipal corporation over any class of public util- 
j ity specified on the ballot, shall stamp a cross (X) 
in the voting square opposite the printed word 
* “Yes,” after proposition as to such class; and 
[ any elector desiring to vote not to surrender the 
| powers of control of such municipal corporation 
over such class of public utility, shall stamp a cross 
! (X) in the voting square opposite the printed word 
[I “No” after the proposition as to such class. The 
I provisions of sections 4, 5 and 7 of this act, 

!' in so far as applicable, shall govern elections 
li called, conducted and held under the provisions of 
this section and to general municipal elections at 
j which such propositions shall be submitted. If it 


Later 
Surrender 
of Powers 


What 

Ballots 

Contain 


How to 
Vote 


What 

Provisions 

Govern 








When 

Powers 

Surrendered 


Certified 

Copy 


May be 

Submitted 

Later 


Elections 
May be Held 
Later for 
Re-sub¬ 
mission 


196 CALIFORNIA ELECTION LAWS 

shall appear from the result of such election de¬ 
clared as provided in section 7 of this act, that 
a majority of the qualified electors of such munici¬ 
pal corporation voting on any proposition submit¬ 
ted as provided in this section, shall have voted to 
surrender the powers of control of such municipal 
corporation respecting any particular class of pub¬ 
lic utility, such municipal corporation shall be 
deemed to have surrendered its powers of control 
as to such class of public utility to the railroad 
commission, and such powers shall thereafter vest 
in and be exercised by the railroad commission, as 
provided by law, upon the filing, in the office of the 
railroad commission, of a certified copy of the or¬ 
der declaring the result of such election; and if it 
shall appear from the result of such election, as de¬ 
clared, that a majority of such qualified electors 
voting on any such proposition shall have voted 
not to surrender such powers of control respecting 
any particular class of public utility, such powers 
of control shall continue in such municipal corpora¬ 
tion; provided, however, that such powers of con¬ 
trol may thereafter be surrendered by such munici¬ 
pal corporation at any subsequent election at which 
the question of such surrender may again be sub¬ 
mitted under the provision of this act. 

Subsequent Elections 

Sec. 9. The holding of a special election or elec¬ 
tions, or the submission of propositions at any gen¬ 
eral municipal election, under any of the provisions 
of this act, shall not be construed to preclude the 
holding of a subsequent special election or elec¬ 
tions or the subsequent submission of propositions 
at a general municipal election or elections, on the 
question of the retention or surrender, by a munici¬ 
pal corporation of its powers of control respecting 
any class or classes of public utilities, as in this 
act provided; provided, that not more than one 
such special election shall be held within any period 
of twelve months. 

Election Regulations 

Sec. 10. Except as otherwise in this act pro¬ 
vided, the holding and conducting of elections un- 


CALIFORNIA FLECTION LAWS 


197 


der the provisions of this act, the form of the ballot What 

used, the opening and closing of the polls, the can- Laws 

vass of the returns and the declaring of the result Apply 
shall conform, as nearly as may be, to such laws as 
shall now or hereafter be applicable to special mu¬ 
nicipal elections held in the municipal corporation 
affected. 

Repeal of Previous Act 

Sec. 11. Chapter forty of the laws of the extra- Repeal of 
ordinary session of December, 1911, is hereby re- Chapter 40 
pealed. 





15)8 


CALIFORNIA ELECTION LAWS 


CHAPTER XIV 

MUNICIPAL CORPORATIONS OF THE 
FIFTH CLASS 

[A charter for cities having a population of more 
than three thousand and not exceeding ten thou¬ 
sand.] 

****** 


Officials 


Consolida¬ 
tion of 
Offices 


Four Year 
T ?rms 


City Officials 

Sec. 751. The government of said city shall be 
vested in a board of trustees, to consist of five mem¬ 
bers; a board of education, to consist of five mem¬ 
bers; and whenever a free public library and read¬ 
ing-room is established therein, five trustees thereof; 
a recorder; a treasurer; a clerk; an attorney; a 
marshal; an assessor, and such subordinate officers 
as are hereinafter provided for; provided, that the 
board of trustees may, in its discretion, by an ordi¬ 
nance adopted, published and recorded as required 
for .general ordinances, at least thirty days before 
a general city election at which city officers are 
to be elected, unite and consolidate certain offices 
by declaring; 

1. The city marshal elected shall be ex officio 
superintendent of streets, and health officer; 

2. The city clerk elected shall be ex officio re¬ 
corder and assessor; 

3. The city treasurer elected shall be ex officio 
city tax collector and license tax collector; 

4. The city attorney elected shall be ex officio 
city clerk. 

Tenure of Office—Date of Election 

Sec. 752. The members of the board of trustees, 
and of the board of education, and the city clerk, 
city attorney, assessor, marshal, treasurer, and re¬ 
corder shall be elected by the qualified electors of 
said city at a general municipal election, to be held 
therein on the second Monday in April, 1903, and 
on the second Monday in April of each fourth year 
thereafter, and shall' hold office for the period of 
•four years from and after the Monday next sue- 


CALIFORNIA ELECTION LAWS 


ion 


j ceeding the day of such election, and until their 
successors are elected and qualified; provided, that 
a general municipal election shall be held in said 
city on the second Monday in April, 1905, for the 
election of successors to the members of the board 
of trustees and of the board of education whose 
terms of office expire during said year, and said suc¬ 
cessors shall hold office for the period of two years 
from and after the Monday next succeeding the day 
of such election, and until their successors are 
elected and qualified. The board of trustees may in 
their discretion appoint a poundmaster, also a super¬ 
intendent of streets, and a city engineer, all of 
whom shall hold office during the pleasure of the 
board. 

Departmentizing Administration 

Sec. 752a. The board of trustees may at any 
time submit to the electors at any municipal or at 
any special election to be held for that purpose, an 
ordinance to divide the administration of the muni¬ 
cipality into five departments and provide for the 
assignment of its several members to be heads of 
such respective departments and to be appointed as 
the commissioners of such respective departments; 
provided, that if a department of public health be 
created the commissioner in charge may be given 
the powers and duties of the municipal board of 
health, and such health board be thereby abolished. 
Such ordinance shall define the duties, powers and 
responsibilties of each commissioner and may re¬ 
quire such commissioner to devote a specified number 
of hours of each business day to the performance * 
of such duties, in which event such commissioner 
may receive a compensation, the amount of same 
to Idc fixed by said ordinance. The board may by 
majority vote, subject to the provisions of this 
section, assign its several members to be and ap¬ 
point them as the respective commissioners of such 
several departments, and may by like vote from 
time to time change such assignment and appoint¬ 
ment. It may assign employees to one or more 
departments, may require an officer or employee 
to perform duties in two or more departments, and 
may make such other rules and regulations as 


Exception 


Appointive 

Officers 


Election to 

Establish 

Departments 


When Paid 
Compen¬ 
sation 


Powers of 
Board 




What 

Ballot 

Contains 


Canvass 

When in 
Effect 


Election to 
Make 
Officers 
Appointive 


What 

Ballot 

Contains 


When 
in Effect 


200 CALIFORNIA ELECTION LAWS 

may be necessary or proper to the efficient and 
economical conduct of the business of the munici¬ 
pality. The substance of the ordinance so pro- -o 
posed shall be printed on the ballots used at such 
election substantially as follows: Shall the ad¬ 
ministration of the municipality be divided into 
five departments as follows: (insert the five de¬ 
partments of government proposed and briefly * 
designate the powers and duties conferred upon 
each and the compensation each commissioner or 
head of department shall receive), “Yes” and 
“No” so printed in connection therewith that the 
voters may express their choice. The returns of 
the election shall be canvassed and declared as at 
other municipal elections, and if it appears that a 
majority of the votes cast at such election were j 
in favor of the ordinance, such ordinance shall 
take effect and be in force on the tenth day there¬ 
after. 

Method of Making Certain Officials Appointive 

• Cl 

Sec. 752b. The board of trustees may submit 
to the electors at any municipal election or at a 
special election to be held for that purpose, the ques¬ 
tion as to whether the elective officers, or any of 
them, other than trustees, shall be appointed by said 
board, instead of being elected as provided in the 
preceding section. The question so submitted shall 
be printed on the ballots used at such election 
substantially as follows: “Shall the board of 

trustees hereafter appoint the. t 

(naming the offices) of the city (or town) of........ 

:...with the words 

“Yes” and “No” so printed in connection there¬ 
with that the voters may express their choice. The 
returns of the election shall be canvassed and de- * 
dared as at other municipal elections and if it ap¬ 
pears that a majority of the votes cast on any such 
proposition were in favor of the appointment of 
such officers or any of them, then at the expiration 
of the terms of office of any such officials then in 
office, and on the occurrence of a vacancy in any 
such offices, such elective officers or any of them 
for the appointment of whom such majority vote was 
so cast, shall thereafter be appointed by the board 






CALIFORNIA ELECTION LAWS 201 

of trustees and hold office during the pleasure of 
such board. 

******* 

Vacancies and How Filled 

Sec. 754. Any vacancy occurring in any of the 
offices provided for in this act shall be filled by 
appointment by the board of trustees; but if such 
office be elective, such appointee shall hold office 
only until the next regular election, at which time 
a person shall be elected to serve for the remainder 
of such unexpired term. In case a member of the 
board of trustees is absent from ttte city for the 
period of ninety days, unless by permission of the 
board of trustees, his office shall by the board be 
i declared vacant, and the same filled as in case of 
| other vacancies. 

Compensation to Trustees—When Voted by Elec¬ 
tors—Compensation of Other Officials 

Sec. 755. The members of the board of trustees 
shall receive no compensation whatever, provided 
that in all such cities the question of whether the 
j members of such board or any of them shall receive 
| any compensation for his services as such member, 
and the amount thereof, may be submitted to the 
qualified electors of said city at any general munici¬ 
pal election held therein, and if the majority of such 
I electors voting at such election shall vote in favor 
thereof, then such trustee or trustees shall receive 
the compensation specified in the call submitting 
such question at such municipal election; such com¬ 
pensation to begin on the first day of the next 
month succeeding the canvass of the return of such 
election, and the amount so fixed shall from such 
date be a charge against such city; payable the 
I same as other fixed salaries are paid. Such compen¬ 
sation may be increased or diminished at any gen¬ 
eral municipal election thereof, by submission of 
such question in the same manner and by the same 
vote as herein provided, for the original creation of 
such compensation. 

The treasurer, assessor, marshal, clerk and re¬ 
corder shall severally receive at stated times a 
compensation to be fixed by ordinance by the board 


Filled by 
Appointment 


Absence of 
T rustees 


No Compen¬ 
sation 
Unless 
Decided at 
an Election 


When 
Compen¬ 
sation in 
Effect 


Salaries 
Fixed by 
Ordinance 



202 


CALIFORNIA ELECTION LAWS 


General 

Election 

Laws 

Apply 


Duties 
of Board 


Register 

Used 


Residence 


of trustees, which compensation shall not be in¬ 
creased or diminished after their election or during 
their several terms of office. 

Nothing herein contained shall be construed to 
prevent the board of trustees from fixing such 
several amounts of compensation in the first instance 
during the term of office of any such officer or 
after his election. The compensation of all other * 
officers shall be fixed from time to time by the 
board of trustees. 

Conduct of Elections 

Sec. 756. All elections in such city shall be held 
in accordance with the general election laws of the 
state, so far as the same may be made applicable, 
and no person shall be entitled to vote at such 
election unless he shall be a qualified elector of 
the county, enrolled upon the great register there- ] 
of, and shall have resided in such city for at least 
thirty days next preceding such election. The 
board of trustees shall give such notice of each ( 
election as may be prescribed by ordinance, shall 
appoint boards of election, and fix their compensa¬ 
tion, and establish election precincts and polling 
places, and ma} r change the same; provided, that 
no part of any ward less than the whole thereof, 
shall be attached to any other ward, or part there¬ 
of, in forming election precincts. At any munici¬ 
pal election the last printed great register of the 
county shall be used, and any elector whose name 
is not upon such printed register shall be en¬ 
titled to vote, upon producing and filing with 
the board of election a certificate, under the hand 
and official seal of the county clerk, showing that 
his name is registered and uncanceled upon the 
great register of such county, provided, that he is 
otherwise entitled to.vote. 

When Eligible to Office 

757. No person shall be eligible to hold the office 
of trustee in such city, unless he be a resident and 
elector therein, and shall have resided in such city i 
for one year next preceding the date of his elec- : 
tion. 

* * $ * * 


* 


* 


CALIFORNIA ELECTION LAWS 


203 


Duties of Trustees 

Sec. 762. The board of trustees shall judge of 
the qualifications of its members and of all elec¬ 
tion returns, and determine contested elections of 
all city offiecrs. They may establish rules for the 
conduct of their proceedings, and punish any mem¬ 
ber, or other person, for disorderly behavior at any 
meeting. They shall cause the clerk to keep a cor- Minutes 
rect journal of all their proceedings, and, at the of Board 
desire of any member, shall cause the ayes and noes 
to be taken on any question, and entered on the 
journal. 

* * * * 




204 


CALIFORNIA ELECTION LAWS 


List of 
Officers 


Four Year 
Terms 


Terms after 

First 

Election 


Appointive 

Officers 


CHAPTER XY. 

MUNICIPAL CORPORATIONS OF THE 
SIXTH CLASS 

[A charter for cities and towns having a popula¬ 
tion of not exceeding three thousand.] 

* * * * * 


City Officials 

Sec. 851. The government of such city or town 
shall be vested in a board of trustees, to consist of 
five members; a clerk, who shall be ex officio 
assessor; a treasurer; a marshal, to be appointed 
by the board of trustees, who shall be ex officio tax 
and license collector; a recorder, to be appointed by 
the board of trustees; and such subordinate officers 
as are hereinafter provided for. 

Tenure of Office—Date of Election 

Sec. 852. The members of the board of trustees 
and the clerk and treasurer shall be elected by the 
qualified electors of said city or town at a general 
municipal election. Such general municipal elec¬ 
tion shall be held therein on the second Monday in 
April in each even-numbered year. Members of the 
board of trustees and the clerk and the treasurer 
shall hold office for the period of four years from 
and after the Monday next succeeding the day of 
such election, and until their successors are elected 
and qualified. The respective terms of the mem¬ 
bers of the first board of trustees elected under the 
provisions of this section shall be determined as 
follows: The two persons elected by the highest 
number of votes shall hold office for four years, and 
the three persons elected by the lowest number of 
votes shall hold office two years. In the event that 
two or more persons should be elected by the same 
number of votes, the respective terms of each shall 
be decided by lot. The board of trustees shall ap¬ 
point the marshal and recorder; they may also, in 
their discretion, appoint an attorney, a superinten¬ 
dent of streets, a civil engineer and such other sub¬ 
ordinate officers as in their judgment may be deemed 


CALIFORNIA ELECTION LAWS 


205 


necessary, and fix their compensation. Said officers 
shall hold office during the pleasure of said board. 
(Approved 1919.) 


Departmentizing Administration 

Sec. 852a. The board of trustees may at any 
time submit to the electors at any municipal, or at 
any special election to be held for that purpose, an 
ordinance to divide the administration of the mu¬ 
nicipality into five departments, and provide for 
the assignment of its several members to be the 
heads of such respective departments and to be ap¬ 
pointed as the commissioners of such respective de¬ 
partments; provided, that if a department of public 
health be created the commissioner in charge may 
be given the powers and duties of the municipal 
board of health, and such health board be thereby 
abolished. Such ordinance shall define the duties, 
powers and responsibilities of each commissioner 
and may require such commissioner to devote a 
specified number of hours of each business day to 
the performance of such duties, in which event 
such commissioner may receive a compensation the 
amount of same to be fixed by said ordinance. The 
board may by majority vote, subject to the pro¬ 
visions of this section, assign its several members 
to be and appoint them as the respective commis¬ 
sioners of such several departments and may by 
like vote from time to time change such assign¬ 
ment and appointment. It may assign employees 
to one or more departments, may require an officer 
or employee to perform duties in two or more de¬ 
partments, and may make such other rules and regu¬ 
lations as may be necessary or proper to the efficient 
and economical conduct of the business of the mu¬ 
nicipality. The substance of the ordinance so pro¬ 
posed shall be printed on the ballots used at such 
election substantially as follows: Shall the admin¬ 
istration of the municipality be divided into five 
departments as follows: (insert the five depart¬ 
ments of government proposed and briefly desig¬ 
nate the powers and duties conferred upon each and 
the compensation each commissioner or head of de¬ 
partment shall receive), “Yes” and “No” so 
printed in connection therewith that the voters may 


Election to 

Establish 

Departments 


When Paid 
Compen¬ 
sation 


Powers of 
Board 


What 

Ballot 

Contains 


206 


CALIFORNIA ELECTION LAWS 


When in 
Effect 


Election to 
Make 
Officers 
Appointive 


What 

Ballot 

Contains 


When in 
Effect 


express their choice. The returns of the election 
shall be canvassed and declared as at other municipal 
elections and if it appears that a majority of the 
votes cast at such election were in favor of the 
ordinance, such ordinance shall take effect and be 
in force on the tenth day thereafter. 

Method of Making Certain Officials Appointive 

Sec. 852b. The board of trustees may submit to 
the electors at any municipal election, or at a spe¬ 
cial election to be held for that purpose, the ques¬ 
tion as to whether the elective officers, or any of 
them, other than trustees, shall be appointed by said 
board, instead of being elected as provided in the 
preceding section. The question so submitted shall 
be printed on the ballots used at such election sub¬ 
stantially as follows: “Shall the board of trustees 

hereafter appoint the..(naming 

the offices) of the city (or town) of.,” 

with the words “Yes“ or “No” so printed in con¬ 
nection therewith that the voters may express their 
choice. The returns of the election shall be can¬ 
vassed and declared as at other municipal elections, 
and if it appears that a majority of the votes cast 
on any such proposition were in favor of the ap¬ 
pointment of such officers or any of them, then 
at the expiration of the terms of office of any such 
officials then in office, and on the occurrence of a 
vacancy in any such offices, such elective officers or 
any of them, for the appointment of whom such 
majority vote was so cast, shall thereafter be ap¬ 
pointed by the board of trustees and hold office 
during the pleasure of such board. 

***** 


Filled by 
Appointment 


Special 

Election 


Vacancies and How Filled 

Sec. 854. Any vacancy occurring in any of the 
offices provided for in this act shall be filled by 
appointment by the board of trustees; but in the 
event of said board of trustees failing to fill such 
vacancy by appointment within thirty days after 
a vacancy occurs, they must, if said office be an 
elective one, immediately after the expiration of 
said thirty days cause an election to be held to 
fill said vacancy, provided, however, that any per- 




CALIFORNIA ELECTION LAWS 


207 


son appointed or elected to fill such vacancy shall 
hold office only until the next regular election, at 
which time a person shall be elected to serve for 
the remainder of such unexpired term. In case a 
member of the board of trustees is absent from the 
city for the period of ninety days, unless by per¬ 
mission of the board of trustees, his office shall by 
the board be declared vacant, and the same filled 
as in case of other vacancies. 

Compensation of Trustees—When Voted by Electors 

Sec. 855. The members of the board of trustees 
shall receive no compensation whatever; provided, 
that in all such cities, the question of whether the 
members of such board or any of them shall receive 
any compensation for his services as such member 
and the amounts thereof, may be submitted to the 
qualified electors of such cities at any general elec¬ 
tion, and if a majority of such electors voting at 
such election shall vote in favor thereof, then such 
trustee or trustees shall receive the compensation 
specified in the call submitting such question at 
such election; such compensation to begin on the 
first day of the month next succeeding the can¬ 
vass of the return of such election and the amount 
so fixed shall, from such date, be a regular charge 
against such city, payable the same as other fixed 
salaries are paid. Such compensation may be in¬ 
creased or diminished at any general election there¬ 
after, by submission of such question in the same 
manner and by the same vote as herein provided 
for the original creation of such compensation. 

Compensation of Other Officials 

The clerk, treasurer, marshal, and recorder shall 
severally receive, at stated times, a compensation, 
to be fixed by ordinance by the board of trustees, 
which compensation shall not be increased or dimin¬ 
ished after their election, or during their several 
terms of office. Nothing herein contained shall be 
construed to prevent the board of trustees from 
fixing such several amounts of compensation in the 
first instance, during the term of office of any such 
officer, or after his election. The compensation of 


Absence 
of Trustees 


No Com¬ 
pensation 
Unless 
Decided at 
an Election 


When Com 
pensation 
in Effect 


Salaries 
Fixed by 
Ordinance 


208 


CALIFORNIA ELECTION LAWS 


General 

Election 

Laws 

Apply 


Duties of 
Board 


Register 

Used 


Residence 


M inutes 
Of Board 


all other officers shall be fixed from time to time 
by the board of trustees. 

Conduct of Elections 

Sec. 856. All ele-ctions in such city or town shall 
be held in accordance with the general election 
laws of the state, so far as the same may be made 
applicable; and no person shall be entitled to vote 
at such election unless he shall be a qualified elector 
of the county, enrolled upon the great register 
thereof, and shall have resided in such city for at 
least thirty days next preceding such election. The 
board of trustees shall give such notice of each 
election as may be prescribed by ordinance, shall 
appoint boards of election, and fix their compensa¬ 
tion, and establish election precincts and polling 
places, and may change the same. At any munici¬ 
pal election the last printed great register of the 
county shall be used, and any elector whose name 
is not upon such printed register shall be entitled 
to vote upon producing and filing with the board 
of election a certificate, under the hand and offi¬ 
cial seal of the county clerk, showing that his name 
is registered and uncanceled upon the great register 
of such county; provided, that he is otherwise en¬ 
titled to vote. 

When Eligible to Office 

857. No person shall be eligible to hold the office 
of trustee in such city, unless he be a resident and 
elector therein, and shall have resided in such city 

for one year next preceding the date of his election. 
* * * * 

Duties of Trustees 

Sec. 860. The board of trustees shall judge of 
the qualifications of its members and of all elec 
tion returns, and determine contested elections of 
all city officers. They may establish rules for the 
conduct of their proceedings, and punish any mem¬ 
ber or other person for disorderly behavior "at any 
meeting. They shall cause the clerk to keep a 
correct journal of all their proceedings, and at the 
desire of any member shall cause the ayes and noes 
to be taken on any question, and entered on the 
journal. 


CALIFORNIA ELECTION LAWS 


209 


CHAPTER XYI. 

ACT REGULATING ELECTIONS IN FIFTH AND 
SIXTH CLASS MUNICIPALITIES 

(Refer to Chapter 477, Statutes of 1919) 

An act to provide for and regulate municipal elec¬ 
tions in cities of the fifth and sixth class. 

The people of the State of California do enact as 
follows: 

Elections Conducted Under This Act 

Section 1. All general municipal elections at 
which city officials are to be voted for in cities 
of the fifth and sixth class, shall ^ be held and 
conducted in accordance with the provisions of 
this act. 

Notice of Election—Contents and Publication 

Sec. 2. Not earlier than the sixtieth day nor 
later than the twentieth day before any such 
election, the city clerk shall cause a notice of the 
same to be published at least once in one or more 
newspapers published and circulated in such city. 
Said notice shall be headed 11 Notice of Election,” 
and shall contain a statement of the time of the 
election, the offices to be filled thereat, (specify¬ 
ing short terms, if there be any), propositions 
to be voted on, if any, and briefly, a general des¬ 
cription of the voting precincts and location of 
the polling places. In case there is no newspaper 
published and circulated in such city, said notice 
shall be typewritten and copies thereof shall be 
posted conspicuously within said time in at least 
three public places in said city. Said notice shall 
be substantially in the following form: - 

NOTICE OF ELECTION 

Notice is hereby given that a general municipal 

election wdll be held in the..of 

., on Monday, the. 

day of April, 19., for the following offices: 

(name them). (In case there are any propositions 
to be submitted, add the following clause.) The 
following propositions will be submitted at said 
election: (give brief synopsis of same). 

There will be....voting precincts 

for the purpose of holding said election, consist- 


Fifth and 
Sixth o.ass 
Cities 


Publication 
of Notice 
and Contents 


When 

Posted 


Form 









210 


CALIFORNIA ELECTION LAWS 


ing of a consolidation of the regular election pre¬ 
cincts established for holding the last general 
state or county election as follows: Consolidated 
voting precinct “A” comprising state and coun¬ 
ty precincts numbers one, two and three, and the 
polling place thereof shall be at (stating place); 
consolidated voting precinct “B” comprising state 
and county election precincts numbers four, five 
and six, and the polling place thereof shall be 
at (stating place). 

The polls will be open between the hours of. 

. m. and .„. m. 


Consolidated 

Precincts 


City Clerk. 

Dated,—... 

Precincts 

Sec. 3. The voting precincts for such general 
municipal elections shall consist of a consolida¬ 
tion of any two or more of the regular election 
precincts established for the last state or county 
election. 


Five 

Election 

Officers 


Qualifica¬ 
tions and 
Compensa 
tion 


Election Officers 

Sec. 4. For every such general municipal elec¬ 
tion the board of trustees shall appoint one in¬ 
spector, two judges and two clerks as election offi¬ 
cers to have charge of such election in and for 
each such consolidated voting precinct. The board 
of trustees may, in their discretion, advertise for 
election officers, or they may appoint such offi¬ 
cers from the register of applicants for such posi¬ 
tions on file with the county clerk; provided, that 
other things being equal, preference shall be 
given for ability and previous experience. Each 
election officer must be an elector and a resident 
of the consolidated voting precinct for which he 
is appointed. Said election officers shall receive 
such compensation as the board of trustees may 
deem just. 

Nomination of Candidates 

Sec. 5. Candidates may be nominated for any 
of the elective offices of such city in the manner 
following: 







CALIFORNIA FLECTION LAWS 


211 


Not earlier than the sixtieth day nor later than 
! twelve o’clock noon on the twentieth day before 
such election, the electors may nominate candi- 
! dates for such election by signing a nomination 
paper such as hereinafter set forth. Each candi¬ 
date shall be proposed by not less than five nor 
more than ten qualified electors, but only one 
candidate shall be named in any one nomination 
paper. No elector may sign more than one nom¬ 
ination paper for the same office, but each seat 
I on the board of trustees shall be deemed a dif- 
I ferent office. Any person or persons may circu- 
I late a nomination paper. 


Signatures and Filing 

The signatures to each nomination paper shall 
all be appended on the same sheet of paper and 
each signer shall add thereto his occupation, date 
and place of residence (giving the street and 
number [if such there be] otherwise such desig¬ 
nation of his place of residence as will enable 
the location to be readily ascertained). All such 
nomination papers shall be filed with the city 
clerk not later than twelve o’clock noon on the 
twentieth day before such election, and shall be 
accompanied by a verified statement of the candi¬ 
date that he will accept the nomination, and 
also accept the office in the event of his election. 
Said nomination papers and affidavits shall be 
substantially in the following form: 


NOMINATION PAPER 

|| We, the undersigned electors of the city of. 

I.hereby nominate ._. 

|| for the office of...of said city. 


Name Occupation 


Date 


Residence 


Time of 
Signing 
Nomination 
Papers 


No 

Verification 

Deputies 


What 

Paper 

Contains 

When 

and Where 
Filed 


Affidavit of 
Candidate 


Form of 

Nomination 

Paper 






























Form of 
Affidavit 


No Sample 
Ballots 


Publication 
of List of 
Nominees 


Form of 
Publication 


212 CALIFORNIA ELECTION LAWS 


AFFIDAVIT OF NOMINEE 


| ss. 


State of California, 

County of. 

being duly 

sworn, says that he is the above named nominee 

for the office of., and that 

he will accept said office in the event of his elec¬ 
tion. 


Subscribed and sworn to before me this. 

day of ., 19 


Notary public in and for the county of. 

State of California. 

Elimination of Sample Ballots 

Sec. 6. It shall not be necessary to print or 
send out sample ballots for such election, but 
the city clerk shall publish a list of the names 
of the nominees, in alphabetical order and the 
respective offices for which they have been nom¬ 
inated at least twice before the day of election 
in one or more daily or weekly newspapers pub¬ 
lished in such city. Said list shall be headed, 
“Nominees for public office /’ in conspicuous type, 
and be substantially in the following form: 

NOMINEES FOR PUBLIC OFFICE 
Notice is hereby given that the following 
persons have been nominated for the offices 
hereinafter mentioned to be tilled at the gen¬ 
eral municipal election to be held in the city 

of... on Monday, the. 

day of April, 19. 

(Here follow -with the list of nominees. 

In case any propositions are to be voted 
on, set them forth also.) 

Hated, . 


City clerk. 

Election Precinct Supplies 

Sec. 7. The city clerk shall procure the neces¬ 
sary voting booths and see that they are properly 
erected; he shall also have the necessary ballots 
















CALIFORNIA ELECTION LAWS 


213 


printed and secure the necessary ballot boxes, 
stamps, ink pads, voting lists, roster, instruction 
cards, affidavits of registration and index thereto, 
tally lists, returns, envelopes, and all other neces¬ 
sary supplies, and see that they are properly dis¬ 
tributed to each voting booth prior to the open¬ 
ing of the polls on the day of election. 

Official Ballots, Contents 

Sec. 8. All official ballots shall have the names 
of the candidates printed thereon in a column 
four inches in width, each name occupying a sep¬ 
arate place divided by fine lines onp-half an inch 
apart, and having below the printed list, thfe nee* 
essary blank space or spaces to permit the elector 
to write in the name or names of other persons 
not printed on the ballot. The names shall be 
printed on the ballot in alphabetical order. 

Each group of candidates to be voted on shall 
be headed by the designation of the office and 
the words 1 ‘ Vote for One” or “Vote for Two,” 
or more as the case may be, according to the 
number to be elected to such office; and where 
the office is for a short or unexpired term, the 
same shall be so specified. On the top of the 
face of the ballot the following directions shall 
be printed: 

INSTRUCTIONS TO VOTERS 

To vote for a candidate of your selection, stamp 
a cross (X) in the voting square next to the right 
of the name of such candidate. Where two or 
more candidates for the same office are to be 
elected, stamp a cross (X) after the name of all 
the candidates for that office for whom you de¬ 
sire to vote not to exceed, however, the number 
of candidates who are to be elected. If the bal¬ 
lot does not contain the names of candidates for 
all offices for which you may desire to vote, you 
may vote for candidates for such offices so omitted 
by writing the name of the candidate for whom you 
wish to vote in the blank space left for that purpose. 
To vote for a person not on the ballot, write the 
name of such person under the title of the office 
in the blank space left for that purpose. 


City Clerk 
Provides 
Supplies 
for Election 


Ballots 

How 

Printed 


Instructions 




214 


CALIFORNIA ELECTION LAWS 


Separate 

Column 

for 

Propositions 


Official 
Ballot 
Paper Not 
Necessary 


How 

Bound 

Record 


Original 

or 

Duplicate 

Affidavits 


To vote on any question, proposition or con¬ 
stitutional amendment, stamp a cross (X) in the 
voting square after the word “Yes” or after the 
word “No.” All marks, except the cross (X) 
are forbidden. All distinguishing marks or eras¬ 
ures are forbidden and make the ballot void. 

If you wrongly stamp, tear, or deface this ballot, 
return it to the inspector of election and obtain an¬ 
other. 

A separate parallel column four inches in width 
shall be provided for any questions or proposi¬ 
tions to be submitted at such election. The right 
side of each column shall be set off by a light 
vertical line so as to form half-inch squares or 
voting spaces. 


BALLOT PAPER 

The ballot shall be printed on tinted paper con¬ 
taining a water-marked design, and they shall 
be kept secret from all persons not engaged in 
the preparation of the ballots until the day of 
election. The printing, perforating, padding, num¬ 
bering, and amount of the ballots, and the kind 
of type used in printing the same, shall be sub¬ 
stantially the same, as nearly as may be, as is 
used for the preparation of ballots for state and 
county elections, except as may be otherwise here¬ 
in provided. 

Official Ballots, Binding, Record 

Sec. 9. All ballots, when printed, shall be 
bound in stub books, each book to consist of ten, 
or some multiple of ten ballots, and so issued. A 
record of the number of ballots printed by them 
shall be kept by the city clerk. 

Precinct Register 

Sec. 10. At any such municipal election, the 
original affidavits of registration, or carbon copies 
thereof, shall be used therefor, and no person shall 
be entitled to vote at such election unless he has 
registered and shall have resided in the city at 
least thirty days prior to the day of election. 

Indexes to Register 

Sec. 11. Before opening the polls the election 


CALIFORNIA ELECTION LAWS 


215 


board must post in separate convenient places, at 
or near the polling place and easy of access to 
the electors not less than four of the copies of the 
index to the book of affidavits of registration fur¬ 
nished for that precinct. 

Election Officers’ Oaths 

Sec. 12. Before opening the polls, the elec¬ 
tion officers must take and subscribe to an oath 
to faithfully perform the duties imposed upon 
them by law. Any elector of the city may ad¬ 
minister and certify to such oath. 

Voting Booths 

Sec. 13. The clerk shall provide a sufficient 
number of voting booths or compartments to ac¬ 
commodate the voters, and of such a character 
that each voter in the marking of his ballot will 
be screened from the observation of others. 

Ballot Box 

Sec. 14. Before receiving any ballots the elec¬ 
tion board shall, in the presence of such persons 
as may be assembled at the polling place, open, 
exhibit and close the ballot box; and thereafter 
it must not be removed from the polling place or 
presence of the bystanders until all the ballots 
have been counted, nor must it be opened until 
after the polls are finally closed. 

Hours Polls Are Open 

Sec. 15. The polls must be and remain open on 
the day of such an election between such hours as 
the board of trustees may determine, but not less 
than eight consecutive hours. The hours of opening 
and closing the polls shall be specified in the 
notice of election, otherwise such hours shall be 
the same as those provided for general state 
elections. Before the board receive any ballots, 
they must cause it to be proclaimed aloud at the 
place of election that the polls are open. 

Method of Voting 

Sec. 16. Any elector desiring to vote shall 
write his or her name and address on the roster 


Posting of 
Indexes 


Oaths 


Voting 

Booths 


No 

Removal 
of Ballot 
Box 


Polls Open 
Not Less 
than Eight 
Hours 





216 


CALIFORNIA FLECTION LAWS 


How to 
Vote 


Assisting 

Voters 


Challenges 


Spoiled 

Ballots 


Closing 

Of Polls 


provided for that purpose. If no challenge is 
interposed, or if a challenge be interposed and 
overruled, the election officer shall give him a 
blank ballot, after registering the number of the 
same. The voter shall then be permitted to enter 
the voting booth and stamp his ballot. No person 
shall be permitted within six feet of any voting 
booth except those voting or those assisting voters 
in the manner authorized by law. Before leaving 
the booth the voter shall fold the ballot so that 
the number thereof only is visible. He shall then 
hand it to the inspector who shall announce the 
name of the voter and number of his ballot. If 
found to correspond, the inspector shall tear off 
the number from the ballot and deposit the ballot 
in the ballot box. Any member of the election 
board may administer and certify oaths required 
to be administered during the progress of the 
election. 

Assisting Voters 

Sec. 17. Voters who can not read, or by reason 
of physical disability are unable to mark their 
ballots may be assisted in voting in the manner 
provided by section 1208 of the Political Code. 

Challenging Voters 

Sec. 18. Voters may be challenged and the chal¬ 
lenge disposed of as provided in sections 1231 to 
1242 inclusive of the Political Code. 

Spoilel and Cancelled Ballots 

Sec. 19. Any voter who shall spoil a ballot 
shall return the same to the inspector and obtain 
another. The inspector shall thereupon cancel the 
spoiled ballot by drawing two crossed lines over 
the face thereof in ink. 

When Polls Close 

Sec. 20. When the polls are closed that fact 
must be proclaimed aloud at the place of election; 
and after such proclamation, no ballot must be re¬ 
ceived; Provided, however, that if at the hour of 
closing there are any other voters in the polling 
place, or in line at the door, wbo are qualified to 


CALIFORNIA ELECTION LAWS 


217 


vote and have not been able to do so since ap¬ 
pearing, the polls shall be kept open a sufficient, 
time to enable them to vote. 

Spoiled and Cancelled Ballots 

Sec. 21. Immediately upon the closing of the 
polls, and before opening the ballot box and pro¬ 
ceeding to count the ballots, the inspector shall de¬ 
face all the unused and spoiled ballots by drawing 
across the face thereof, in red ink, with a pen. 
two lines wilich shall cross each other; and all 
spoiled and unused ballots shall be placed within 
and sealed in an envelope before the ballot box 
is opened. 

Canvass 

Sec. 22. As soon as the polls are finally closed 
the officers must immediately proceed to canvass 
the votes given at such election. The canvass 
must be public, in the presence of bystanders, and 
must be continued without adjournment until com¬ 
pleted and the result thereof is declared. 

Ballots, When Rejected 

Sec. 23. If two or more separate ballots are 
found so folded together as to present the appear¬ 
ance of a single ballot, they must be laid aside un¬ 
til the count of the ballots is completed; then, if 
upon comparison of the count with the number of 
names of electors on the lists which have been 
kept by the clerks, it appears that the two ballots 
thus folded together were cast by one elector, they 
must be rejected. 

Drawing and Destroying Ballots 

Sec. 24. The ballots must be immediately re¬ 
placed in the box, and if the ballots in the box 
exceed in number the names on the lists,, one of 
the officers must publicly, and without looking into 
the box, draw out therefrom singly, and destroy, 
unopened, a number of ballots equal to such ex¬ 
cess; and the board of election must make a rec¬ 
ord, upon the poll list of the number of ballots so 
drawn and destroyed. The number of ballots agree¬ 
ing or being thus made to agree with the number 


Sealing of 
Spoiled and 
Unused 
Ballots 


Canvass 
at Polls 


Ballots 

Folded 

Together 


Quantity of 
Ballots 
Must 
Compare 






CALIFORNIA ELECTION LAWS 


Rejected 

Ballots 


T allies 


Void 

Ballots 


218 

of names on the lists, the lists must be signed by 
the members of the board. 

Counting Ballots 

Sec. 25. After the lists are thus signed, the 
board must proceed to open the ballots and count 
and ascertain the number of votes cast for each 
person voted for. All ballots rejected for illegal¬ 
ity must have indorsed upon the ballot the cause 
of such rejection, and be signed by a majority of 
the election board, and thereafter strung upon a 
string. 

Tally of Votes 

Sec. 26. Each clerk must write down each office 
to be filled, and the name of each person marked 
in each ballot as voted for, to fill such office, and 
keep the number of votes by tallies, as they are 
read aloud. Such tallies must be made with pen 
and ink as the name of each candidate voted for 
is read aloud from the respective ballot, and im¬ 
mediately upon the completion of the tallies the 
clerks who respectively complete the same must 
draw two heavy lines in ink from the last tally 
mark to the end of the line in which such tallies 
terminate, and also write the initals of the person 
making the last tally in such line. The ballot so 
read and the tally sheet so kept must, during the 
reading and tallying, be within the clear view of 
watchers at the count. 

Ballots, Preservation—Write-ins 

Sec. 27. (a) In canvassing the votes any ballot 

which is not marked as provided by law shall be 
void; but such ballot must be preserved and re¬ 
turned with the other ballots; provided, however, 
that two or more impressions of the voting stamp 
in one voting square, or a cross (X) made partly 
within and partly without a voting square or space 
shall not make such ballot void. Any name writ¬ 
ten upon a ballot shall be counted for such name 
for the office under which it is written, provided 
it is written in the blank space therefor, whether 
or not a cross (X) is stamped or made with pen 


CALIFORNIA ELECTION LAWS 210 

or pencil in the voting square after the name so 
written. 

Marking More Names Than Necessary 

(b) If a voter marks more names' than there 
are persons to be elected to an office, or if, for any 
reason, it is impossible to determine the voter’s 
choice for any office to be filled, his ballot shall 
not be counted for such office. 

Stamping and Writing In 

(c) If a voter stamps in the voting square 
nfter the name of any candidate an^d also writes 
the name of a person for such office in the blank 
space such act does not invalidate his ballot, but 
his vote shall not be counted for any person for 
that office, but as to all other offices the ballot 
must be counted for the candidate opposite whose 
names the ballot is stamped in the voting squares. 

Unauthorized Marks 

(d) No mark upon a ballot which is unauthor¬ 
ized by this act shall be held to invalidate such 
ballot, unless it shall appear that such mark was 
placed thereon by the voter for the purpose of 
identifying such ballot. 

Disposing of Ballots 

Sec. 28. The ballot, as soon as the names 
marked on it as voted for are read and verified, 
must be strung on a string by one of the officers 
and must not thereafter be examined by any per¬ 
son, but must, as soon as all are counted, be 
carefully sealed in a strong envelope, each mem¬ 
ber of the board writing his name across the seal. 

Certification by Election Officers 

Sec. 29. As soon as all the votes are counted 
and the ballots sealed up, lists must be attached 
to the tally lists containing the names of persons 
voted for and for what office, and the number of 
votes given for each candidate, the number being 
written at full length, and such list must be 
signed by the members of the board. 


When 
Ballot is 
Not 

Rejected 


Ballots 
Strung and 
Sealed 


Signing 
of Lists 







220 


CALIFORNIA ELECTION LAWS 


Sealing 

Register 

Etc. 


Posting 

Result 


Semi- 

Official 

Returns 


Other 

Lists 


Packages 
Delivered 
to City 
Clerk 


Complete Returns and Result of Vote 

Sec. 30. The board must, before it adjourns, 
inclose in a cover, and seal up and direct to the 
city clerk, the copy of the register upon which 
one of the officers marked the word “ voted’ ’ as 
the ballots were received, all certificates of regis¬ 
tration received by it, one of the lists of the per¬ 
sons challenged, one copy of the list of voters, 
and one of the tally lists, and list attached thereto. 
The board must also, before it adjourns, post con¬ 
spicuously, on the outside of the polling place, a 
copy of the result of the votes cast at such polling 
place; such copy of the result must be signed by 
the members of the board. The board must also 
immediately transmit unsealed to the city clerk a 
copy of the result of the votes cast at such polling- 
place, which copy must be signed by the members 
of the board, and which copy shall be open to the 
inspection of the public. It shall be a misde¬ 
meanor for any person to remove or deface such 
posted copy of the result or to delay or change 
the copy to be delivered to the city clerk. 

Duplicate Lists 

Sec. 31. The other lists of voters, tally list and 
list attached thereto must be sent to the city clerk 
or registrar and retained by him open to inspection 
of all electors for at least six months. 

Delivery of Returns 

Sec. 32. The sealed packages containing the reg¬ 
ister, lists, papers, and ballots, must, before the 
board adjourns, be delivered to one of its members, 
to be determined by lot, unless otherwise agreed 
upon. 

To Whom Delivered 

Sec. 33. The member to whom such packages are 
delivered, must, without delay, deliver such packages 
without their having been opened, to the city clerk, 
who shall endorse on such packages the name of the 
party delivering them and date of such delivery. 

Contents of Returns 

One package to contain the voted ballots, only; 



CALIFORNIA FLECTION LAWS 


22 L 


one package to contain one poll and tally list only; 
one package to contain the precinct registers, index 
to register, list of voters challenged, and list of as¬ 
sisted voters; and one package to contain the unused 
ballots. 

Preservation of Returns by Clerk 

Sec. 34. On receipt of the packages the clerk 
must file the one containing the ballots, and must 
keep it unopened and unaltered for twelve months, 
after which time, if there is not a contest com¬ 
menced in some tribunal having jurisdiction about 
such election, he must burn the package without 
having opened or examined its contents. 

Official Canvass 

Sec. 35. The board of trustees must meet at 
their usual place of meeting, on the first Monday 
after such election, to canvass the returns and in¬ 
stall the newly elected officers. 

Completion of Canvass 

The board of trustees must declare elected the 
persons having the highest number of votes given 
for each office. Upon the completion of the canvass 
and before installing the new officers, the board 
shall pass a resolution reciting the fact of the elec¬ 
tion and such other matters as are enumerated in 
the following section. 

Record of Canvass and Result 

Sec. 36. The clerk of the board must, as soon as 
the result is declared, enter on the records of such 
| board a statement of such result, which statement 
I must show: 

1. The whole number of votes cast in the city; 

2. The names of the persons voted for, and the 
propositions voted upon; 

3. The office to fill which each person was voted 
for; 

4. The number of votes given at each precinct to 
each of such persons, and for and against each of 
such propositions; 

5. The number of votes given in the city to each 
of such persons, and for and against each of such 
propositons voted upon. 


What 

Packages 

Contain 


Clerk’s 

Duties 


Official 

Canvass 


Resolution 
to be 
Passed 


Statement 
on Minutes 
of Board 
of Trustees 



CALIFORNIA ELECTION LAWS 


Certificate 
of Election 

No 

Statement 
of Expen¬ 
ditures 


General 

Laws 

Apply 


Issuance of Certificates of Election by Clerk 

Sec. 37. The city clerk must immediately make 
out and deliver to each of such persons elected a 
certificate of election, signed by him, and duly au¬ 
thenticated; he shall also impose the constitutional 
oath of office and have them subscribe thereto. 

No Filing of Candidates’ Statements 

Sec. 38. It shall not be necessary for any candi¬ 
date or nominee for a municipal office to file a state¬ 
ment of his expenditures used in aid of his election. 

Construction of Act 

Sec. 39. In all other respects, not otherwise pro¬ 
vided for herein, such general municipal elections 
shall be held and conducted in accordance with the 
general election laws of the state so far as the same 
may be applicable. This act shall be liberally con¬ 
strued to promote the objects hereof, and no error, 
omission or irregularity shall ever be held to invali¬ 
date such an election providing the provisions of 
this act have been substantially complied with. 
[Approved May 27, 1919.] 



CALIFORNIA ELECTION LAWS 223 
CHAPTER XVII. 

POLITICAL CODE—SECTIONS AFFECTING 
ELECTIONS 

\ 

The People 

50. The people, as a political body, consist: 

1. Of citizens who are electors. 

2. Of citizens not' electors. 

Definitions 

51. The citizens of the State are:\ 

1. All persons born in this State and residing 
within it, except the children of transient aliens 
and of alien public Ministers and Consuls. 

2. All persons born out of this state who are 
citizens of the United States and residing within 
tins State. 

Proof of Residence 

52. Every person has, in law, a residence. In 
determining the place of residence the following 
rules are to be observed: 

1. It is the place where one remains when not 
called elsewhere for labor or other special or tem¬ 
porary purpose, and to which he returns in seasons 
of repose. 

2. There can only be one residence. 

3. A residence cannot be lost until another is 
gained. 

4. The residence of the father during his life, 
and after his death the residence of the mother, 
while she remains unmarried, is the residence of 
the unmarried minor child. 

5. The residence of the husband is the resi¬ 
dence of the wife. 

0. The residence of an unmarried minor who 
has a parent living cannot be changed by either 
his own act or that of his guardian. 

7. The residence can be changed only by the 
union of act and intent. 

* * * * 


Rules of 
Residence 




Electors 

Eligible 


Senatorial 
Districts 1 -6 


224 CALIFORNIA ELECTION LAWS 

Non-Citizens 

57. Persons in the State not its citizens are 
either: 

1. Citizens of other states; or, 

2. Aliens. 

Eligibility to Office 

58. Every elector is eligible to the office for 
which he is an elector, except where otherwise 
specially provided; and no person is eligible who 
is not such an elector. 

Powers of Citizens and Electors 

59. An elector has no rights or duties beyond 
those of a citizen not an elector, except the right 
and duty of holding and electing to office. 

Powers of United States Citizens 

60. A citizen of the United States, who is not 
a citizen of this State, has the same rights and 
duties as a citizen of this State not an elector. 

***** 

LEGISLATIVE DISTRICTS OF CALIFORNIA 
Forty Senatorial Districts 

78. The state is divided into forty senatorial 
districts, which shall be designated and constituted 
as follows: 

3. The counties of Del Norte, Humboldt, Trin¬ 
ity and Teliama shall constitute the first senatorial 
district. 

2. The counties of Modoc, Siski} r ou, Shasta and 
Lassen shall constitute the second senatorial dis¬ 
trict. 

3. The counties of Plumas, Sierra, Nevada, 
Placer and El Dorado shall constitute the third 
senatorial district. 

4. The counties of Mendocino, Colusa, Lake 
and Glenn shall constitute the fourth senatorial 
district. 

5. The counties of Napa and Solana shall con¬ 
stitute the fifth senatorial district. 

6. The counties of Butte, Yuba, Sutter and Yolo 
shall constitute the sixth senatorial district. 


CALIFORNIA ELECTION LAWS 225 

7. The county of Sacramento shall constitute 
the seventh senatorial district. 

8. The county of Sonoma shall constitute the 
eighth senatorial district. 

9. The counties of Marin and Contra Costa 
shall constitute the ninth senatorial district. 

10. The counties of San Joaquin and Amador 
shall constitute the tenth senatorial district. 

11. The counties of San Mateo, San Benito and 
Santa Cruz shall constitute the eleventh sena¬ 
torial district. 

12. The counties of Tuolumne, Mariposa, Stanis¬ 
laus, Merced, Alpine, Mono, Madera and Calaveras 
shall constitute the twelfth senatorial district. 

13. All that portion of the county of Alameda 
described as follows, to-wit: Beginning at a point 
where the line dividing Oakland and Brooklyn 
townships intersects the northeasterly boundary 
line of the county of Alameda; thence southwest¬ 
erly along said dividing line to the northeasterly 
boundary line of the city of Piedmont; thence 

j southeasterly and southerly following the northern 
j and eastern boundary line of the city of Pied¬ 
mont to the southeasterly corner thereof; thence 
southwesterly along Thirteenth avenue to the cen¬ 
ter line of Fourteenth avenue; thence southerly 
along the center line of Fourteenth avenue to the 
center line of Lincoln street; thence easterly 
along the center line of Lincoln or East Thirty- 
first street to the center line of Twenty-third av¬ 
enue; thence southerly along the center line of 
Twenty-third avenue to the center line of Sher¬ 
man street, otherwise known as the old County 
Road; thence easterly along said County Road to 
the center line of High street; thence easterly 
along the center line of the Foothill Road, or 
County Road No. 3358, to the center line of Grand, 
or Ninetieth avenue; thence southwesterly along 
said line of Ninetieth avenue, crossing East Four¬ 
teenth street to the center line of “B,” or Sec- 
cond street; thence easterly along said “B” street 
to the center line of Jones, or Ninety-eighth 
avenue; thence southerly along the center line of 
Jones, or Ninety-eighth avenue, to the center line 
of County Road No. 1995; thence southerly along 


Senatorial 

Districts 

7-13 




Senatorial 

Districts 

13-14 


. 

22C) CALIFORNIA ELECTION LAWS 

the center line of County Road No. 1995 to the 
line dividing Brooklyn and Eden townships; thence 
westerly along said township line to the line divid¬ 
ing Brooklyn and Alameda townships; thence 
southerly and westerly along the boundary line of 
Alameda township to the westerly boundary line 
of Alameda county; thence southerly along said 
westerly boundary line to its intersection with the 
northerly boundary line of Santa Clara county; 
thence easterly along the boundary line dividing 
Alameda and Santa Clara counties to a point 
which is the intersection of the boundary lines of 
the counties of Alameda, Santa Clara, Stanislaus 
and San Joaquin; thence northwesterly and north¬ 
erly along the boundary line between the counties 
of Alameda and San Joaquin to a point where the 
boundary line dividing the counties of Alameda 
and Contra Costa intersects the westerly bound¬ 
ary line of the county of San Joaquin; thence in 
a southwesterly and northwesterly direction along 
the boundary line between the counties of Ala¬ 
meda and Contra Costa to the point of beginning, £ 
shall constitute the thirteenth senatorial district. 

14. All that portion of the county of Alameda 
described as follows, to-wit: Beginning at a point 
where the westerly boundary line of the county of 
Alameda is intersected by the line dividing Oak¬ 
land and Alameda townships; thence easterly along 
said dividing line to a point in Oakland harbor 
where said line is intersected by the line dividing 
Oakland and Brooklyn townships; thence north- * 
erly along the westerly boundary line of Brook¬ 
lyn township, passing through the easterly arm of 
Lake Merritt and up Indian Gulch to the north¬ 
easterly boundary line of East Oakland Heights; 
thence southeasterly along said last boundary line to "S 
the center of Thirteenth avenue; thence northeast¬ 
erly .along center line of Thirteenth avenue, or Coun¬ 
ty Road to Moraga Valley, to the center line of 
Fourteenth avenue; thence southerly along the 
center line of Fourteenth avenue to the center 
line of Lincoln street; thence easterly along the 
center line of Lincoln, or East Thirty-first street, 
to the center line of Twenty-third avenue; thence 
southerly along the center line of Twenty-third 




CALIFORNIA ELECTION LAWS 


227 


avenue to the center line of Sherman street, other¬ 
wise known as old County Road; thence easterly 
along said old County Road to the center line of 
High street; thence along the center line of Foot¬ 
hill Road, or County Road No. 3358, to the center 
line of Grand, or Ninetieth avenue; thence south¬ 
erly along said line of Ninetieth avenue, crossing 
East Fourteenth street to “B” or Second street; 
thence easterly along said “B” street to the 
center line of Jones, or Ninety-eighth avenue; 
thence southerly along the center line of Jones, 
or Ninety-eighth avenue, to the center line of 
County Road No. 1995; thence southerly along 
center line of County Road No. 1995 to the line 
dividing Brooklyn and Eden townships; thence 
westerly along said township line to the line divid¬ 
ing Brooklyn and Alameda townships; thence 
southerly and westerly along the boundary line 
of Alameda township to the westerly boundary 
line of Alameda county; thence northwesterly 
along the westerly county boundary line to the 
southerly boundary line of Oakland township and 
the point of beginning, shall constitute the four¬ 
teenth senatorial district. 

15. All that portion of the county of Alameda 
described as follows, to-wit: Beginning at a point 
where the northern boundary line of the city of 
Berkeley intersects the northeasterly boundary 
line of the county of Alameda; thence westerly 
along said northern boundary line of the city of 
Berkeley to a point where the same is coincident 
with the center line of Eunice street; thence 
westerly along the center line of Eunice street 
to the center line of Mil via street; thence south¬ 
erly along the center line of Milvia street to the 
center line of Adeline street; thence southerly 
along the center line of Adeline street to the 
northerly boundary line of the town of Emery¬ 
ville; thence easterly, southerly and westerly fol¬ 
lowing the boundary line of the town of Emery¬ 
ville to the center line of San Pablo avenue; 
thence southerly along the center line of San 
Pablo avenue to the center line of Broadway; 
thence southerly along the center line of Broad¬ 
way to the northern boundary line of Alameda 


Senatorial 

Districts 

14-15 




228 


CALIFORNIA ELECTION LAWS 


Senatorial 

Districts 

15-16 


township; thence easterly along the northern 
boundary line of Alameda township to the west¬ 
erly line of Brooklyn township, the same being a 
point in Oakland harbor; thence northerly along 
the westerly boundary line of Brooklyn township, 
passing through the easterly arm of Lake Merritt 
and up Indian Gulch to the northeasterly 
boundary line of East Oakland Heights; thence 
southeasterly along last said boundary line to the 
center line of Thirteenth avenue; thence northeast¬ 
erly along the center line of Thirteenth avenue, or 
County Road to Moraga Valley, to the south¬ 
eastern corner of the city of Piedmont; thence 
northerly and westerly following the easterly and 
northerly boundary lines of the city of Piedmont to 
the line dividing Brooklyn and Oakland townships; 
thence northeasterly along the last said township 
line to the boundary line of Alameda county; thence 
northwesterly along the county boundary line to the 
point of beginning, shall constitute the fifteenth 
senatorial district. 

16. All that portion of the county of Alameda 
described as follows, to-wit: Beginning at a point 
where the northerly boundary line of the city of 
Berkeley intersects the northeasterly boundary line 
of the county of Alameda; thence westerly along 
said northern boundary line of the city of Berkeley 
to a point where the same is coincident with the 
center line of Eunice street; thence westerly 
along the center line of Eunice street to the cen¬ 
ter line of Milvia street; thence southerly along 
the center line of Milvia street to the center line 
of Adeline street; thence southerly along the cen¬ 
ter line of Adeline street to the northerly bound¬ 
ary line of the town of Emeryville; thence east¬ 
erly, southerly and westerly, following the bound¬ 
ary line of the town of Emeryville to the center 
line of San Pablo avenue; thence southerly along 
the center line of San Pablo avenue to the center 
line of Broadway; thence southerly along the cen¬ 
ter line of Broadway to the northern boundary 
line of Alameda township; thence westerly along 
the line dividing Alameda and Oakland townships 
to the western boundary line of the county of Ala¬ 
meda; thence northerly along the said county 




CALIFORNIA ELECTION LAWS 


229 


boundary line to the northern boundary line of 
the county of Alameda; thence easterly following 
the northern boundary line of the county of Ala¬ 
meda to the point of beginning, shall constitute 
the sixteenth senatorial district. 

17. The counties of Monterey and San Luis 
Obispo shall constitute the seventeenth senatorial 
district. 

18. All that portion of the city and county of 
San Francisco described as follows: Commencing 
at the point of intersection of Van IJess avenue 
and Market street, continuing thence along the 
center line of the following named streets, to-wit: 
Market to the waters of the Bay of San Francisco; 
thence along the shore line northerly to Filbert 
street, Filbert to Leavenworth, Leavenworth to 
Broadway, Broadway to Van Ness avenue, Van 
Ness avenue to Market street, the place of be¬ 
ginning, together with all the waters of the Bay 
of San Francisco and the islands contained there¬ 
in, situated within the boundaries of the city and 
county of San Francisco, shall constitute the 
eighteenth senatorial district. 

19. All that portion of the city and county of 
San Francisco bounded as follows: Commencing at 
the point of intersection of Maple and California 
streets, continuing thence along the center line 
of the following named streets: California to Baker, 
Baker to Pine, Pine to Laguna, Laguna to Sutter, 
Sutter to Van Ness avenue, Van Ness avenue to 
Broadway, Broadway to Leavenworth, Leaven¬ 
worth to Filbert, Filbert to the waters of the Bay 
of San Francisco; thence along the shore line of 
said bay northerly and westerly to the waters of 
the Pacific ocean; thence along said shore line 
to Lobos creek where the same enters into the 
Pacific ocean; thence along the line of said creek 
and the southerly boundary line of the Presidio 
Reservation to Maple street, Maple to California, 
the place of beginning, shall constitute the nine¬ 
teenth senatorial district. 

20. All that portion of the city and county of 
San Francisco bounded as follows: Commencing 
at the intersection of Pine and Laguna streets, 
continuing thence along the center line of the fol- 


Senatorial 

Districts 

16-20 






Senatorial 

Districts 

20-21 


230 CALIFORNIA ELECTION LAWS 

lowing named streets: Laguna to O’Farrell, O’Far¬ 
rell street to St. Joseph avenue, St. Joseph ave¬ 
nue to Turk, Turk to Baker, Baker to Oak street, 
Oak street to Central avenue, Central avenue to 
Buena Yista avenue, Buena Vista avenue to Fred¬ 
erick street, Frederick to Clayton, Clayton street 
to Clarendon . avenue, Clarendon avenue to Bur¬ 
nett avenue, Burnett avenue to Palo Alto avenue, 
Palo Alto avenue to the easterly line of the San 
Miguel rancho; thence along said line northerly 
to a point opposite Seventeenth street; thence 
along said line of Seventeenth street, if extended, 
to Kirkham street, Kirkham street to Locksley j 
avenue, Locksley avenue to the westerly line of 
San Miguel rancho; thence along said line to Cor¬ 
bett avenue and Sloat boulevard; thence along 
said line of the Sloat boulevard to the waters of 
the Pacific' ocean; thence along the shore line of 
said ocean northerly and easterly to Lobos creek; 
thence along the line of said creek and the south¬ 
erly boundary line of the Presidio Reservation to 
Maple street, Maple to California, California to 
Baker, Baker to Pine, Pine to Laguna, the place 
of beginning, together with the islands known as 
the Farallon Islands, shall constitute the twentieth 
senatorial district. 

21. All that portion of the city and county of 
San Francisco bounded as follows: Commencing 
at the point of intersection of the center line of 
Twenty-first street with the center line of Dolores 
street; thence along the center line of the follow- 11 
ing named streets, to-wit: Twenty-first street to 
San Carlos street, San Carlos street to Eighteenth 
street, Eighteenth street to Shotwell street, Shot- 
well street to Twenty-first street, Twenty-first 
street to Bryant avenue, Bryant avenue to Army 
street, Army street to Mission street, Mission 
street to Twenty-ninth street, Twenty-ninth street 
to Dolores street, Dolores street to point of begin¬ 
ning; and all that portion of the city and county 
of San Francisco bounded as follows: Commenc¬ 
ing at the point of intersection of Oak and Fill¬ 
more streets; thence along the center line of the 
following named streets: Fillmore street to Dubocc 
avenue, Dubocc avenue to Church street, Church 





CALIFORNIA ELECTION LAWS 


231 


street to Twenty-first street, Twenty-first street to 
Dolores street, Dolores street to Twenty-second 
street, Twenty-second street to Grand View avenue, 
Grand View avenue to Dixie alley, Dixie alley to 
Burnett avenue, Burnett avenue to Corbett avenue, 
Corbett avenue to the westerly boundary line of 
the San Miguel rancho; thence along the line of 
said San Miguel rancho northeasterly to Locksley 
avenue, Locksley avenue to Kirkham street; 
thence along the line of Kirkham street, if ex¬ 
tended, easterly to a point in the easterly bound¬ 
ary line of the San Miguel rancho opposite Seven¬ 
teenth street; thence along said line southerly to 
Palo Alto avenue, Palo Alto avenue to Burnett 
avenue, Burnett avenue to Clarendon avenue, 
Clarendon avenue to Clayton street, Clayton street 
to Frederick street, Frederick street to Buena 
Vista avenue, Buena Vista avenue to Central ave¬ 
nue, Central avenue to Oak street, Oak street to 
Fillmore street, the place of beginning, and the 
following described portions of the city and county 
of San Francisco, to-wit: Commencing at the point 
of intersection of the center line of Bryant ave¬ 
nue with the center line of Twenty-first street; 
thence along the center line of the following 
named streets, to-wit: Bryant avenue to Army 
street, Army street to Connecticut street, Con¬ 
necticut street to Twentieth street, Twentieth 
street to Bryant avenue, Bryant avenue to the 
point of beginning, shall constitute the twenty- 
first senatorial district. 

22. All that portion of the city and county of 
San Francisco bounded as follows: Commencing 
at the intersection of Twenty-first street and Bry¬ 
ant avenue, continuing thence along the center line 
of the following named streets: Bryant avenue to 
Eleventh street, Eleventh to Market, Market 
street to Van Ness avenue, Van Ness avenue to 
Sutter street, Sutter street to Laguna, Laguna to 
O’Farrell, O’Farrell street to St. Joseph avenue, 
St. Joseph avenue to Turk street, Turk to Baker, 
Baker to Oak, Oak to Fillmore, Fillmore to Du- 
boce avenue, Duboce avenue to Church street, 
Church street to Twenty-first street, Twenty-first 
street to San Carlos street, San Carlos street to 


Senatorial 

Districts 

21-22 







Senatorial 

Districts 

22-24 


232 CALIFORNIA ELECTION LAWS 

Eighteenth street, Eighteenth street to Shotwell 
sreet, Shotwell street to Tweny-first street, Twen¬ 
ty-first street to Bryant avenue, the place of begin¬ 
ning, shall constitute the twenty-second senatorial 
district. 

23. All that portion of the city and county of 
San Francisco bounded as follows: Commencing 
at the point of intersection of the center line of 
Market street with the center line of Eleventh 
street; thence along the center line of the follow¬ 
ing named streets, to-wit: Eleventh street to Bry¬ 
ant avenue, Bryant avenue to Twentieth street, 
Twentieth street to the Bay of San Francisco; 
thence northerly along the shore line of said bay 
to its intersection with the center line of Market 
street; thence along the center line of market 
street to the point of beginning, and the follow¬ 
ing described portion of the city . and county of 
San Francisco: Commencing at the point of inter¬ 
section of the center line of Twentieth street with 
the center line of Connecticut street; thence along 
the center line of the following named streets, 
to-wit: Connecticut street to Army street, Army 
street to San Bruno avenue, San Bruno avenue to 
the boundary line between the city and county 
of San Francisco and the county of San Mateo; 
thence easterly along said boundary line to the 
shore line of the Bay of San Francisco; thence 
northerly along said shore line to its intersection 
with the center line of Twentieth street; thence 
along the center line of Twentieth street to the 
point of beginning, shall constitute the twenty- 
third senatorial district. 

24. All that portion of the city and county of 
San Francisco bounded as follows: Commencing 
at the point of intersection of Dolores and Twen¬ 
ty-ninth streets; thence along the center line of 
the following named streets, to-wit: Twenty-ninth 
to Mission, Mission to Army, Army to San Bruno 
avenue, San Bruno avenue to the boundary line 
dividing the city and county of San Francisco and 
the county of San Mateo; thence along said bound¬ 
ary line westerly to San Jose avenue, San Jose 
avenue to Dolores street, Dolores street to Twenty- 
ninth street, the place of beginning; and all that 


CALIFORNIA ELECTION LAWS 


233 


portion of the city and county of San Francisco 
bounded as follows: Commencing at the point of 
intersection of Twenty-second and Dolores streets; 
thence along the center line of the following 
named streets: Dolores street to San Jose avenue, 
San Jose avenue to the boundary line dividing 
the city and county of San Francisco and the 
county of San Mateo; thence along said boundary 
line westerly to the intersection of the waters of 
the Pacific ocean; thence along the shore line 
of said ocean northerly to the Sloat "boulevard; 
thence along Sloat boulevard to Corbett avenue, 
Corbett avenue to Burnett avenue, Burnett ave¬ 
nue to Dixie alley, Dixie alley to Grand View 
avenue, Grand View avenue to Twenty-second 
street, Twenty-second to Dolores street, the place 
of beginning, shall constitute the twenty-fourth 
senatorial district. 

25. The counties of Ventura and Santa Bar¬ 
bara shall constitute the twenty-fifth senatorial 
district. 

26. The county of Fresno shall constitute the 
twenty-sixth senatorial district. 

27. All that portion of the county of Santa 

Clara not included in the twenty-eighth senatorial 
district, as designated and constituted by this 
section, shall constitute the twenty-seventh sena¬ 
torial district. 

28. All that portion of the county of Santa 

Clara embraced within the following precincts, as 

constituted at the general election in nineteen 
hundred ten, to-wit: Agnews, that part of Ala¬ 
meda precinct lying north of the center line of 
Park avenue, Alviso, Berryessa, Burbank, that 
part of Crandalville precinct number one lying 
outside of the city limits of the city of San 

Jose, as established in 1911, Cupertino, East San 
Jose number two, Fremont, Jefferson, Mayfield, 
Milpitas numbers one and two, Mountain View 
numbers one and two, Mount Hamilton, Orchard, 
Palo Alto numbers one, two, three, four and five, 
Purissima, San Jose numbers one, two, three, four, 
five, six, seven, eight, nine, ten, eleven and twelve, 
Santa Clara numbers one, two, three and four, 
Saratoga, Stanford, Stockton, Sunnyvale numbers 


Senatorial 

Districts 

24-28 




Senatorial 

Districts 

28-29 


234 CALIFORNIA ELECTION LAWS 

one and two and University numbers one and 
two, shall constitute the twenty-eighth senatorial 
district. 

29. All that portion of the county of Los An¬ 
geles bounded as follows: Commencing at the 
intersection of the north patent boundary line 
of the city of Los Angeles with the center line 
of the Los Angeles river; thence south¬ 
easterly and southerly along the center line of 
the Los Angeles river and the center line of the 
official bed of the Los Angeles river to its inter¬ 
section with the center line of North Broadway 1 
from the east; thence along the center line of the j 
following named streets, to-wit: North Broadway] 
to Daly street, Daly street to Mission road, Mis- ] 
sion road to Gallardo street, Gallardo street to ’ 
Macy street, Macy street to Brooklyn avenue, 
Brooklyn avenue to Pleasant avenue, Pleasant 
avenue to First street, First street to Pecan street, j 
Pecan street to Fifth street, Fifth street to Gless 
street, Gless street to Sixth street, Sixth street ■ 
and its extension westerly along the line of as¬ 
sembly district number sixty-five, as designated : 
and constituted by section ninety of this code, to ) 
the center line of the official bed of the Los An¬ 
geles river; thence southerly along the line last 
mentioned and the prolongation thereof to the - 
south boundary line of the city of Los Angeles; : 
thence westerly along the line last mentioned to 
the center line of Alameda street, Alameda street 
to Twentieth street, Twentieth street to Compton 
avenue, Compton avenue to Twenty-first street. 
Twenty-first street to Central avenue, Central 
avenue to Twenty-first street from the west, Twen¬ 
ty-first street to Maple avenue, Maple avenue to 
Eleventh street, Eleventh street to Wall street, 
Wall street to Fifth street, Fifth street to Hill 
street, Hill street to Temple street, Temple street 
to Hill street, Hill street to Sunset boulevard, 
Sunset boulevard to Hill street, Hill street to Al¬ 
pine street, Alpine street to Cleveland street, 
Cleveland street to College street, College street 
to Adobe street, Adobe street to Look Out drive, 
Look Out drive to Park Terrace, Park Terrace to 
Sunset boulevard, Sunset boulevard to Echo Park 


CALIFORNIA ELECTION LAWS 


235 


avenue, Echo Park avenue and the prolongation 
thereof to the north patent boundary of the city 
of Los Angeles; thence easterly along the line 
last mentioned to the place of beginning, shall 
constitute the twenty-ninth senatorial district. 

30. The counties of San Bernardino and Inyo 
shall constitute the thirtieth senatorial district. 

31. All that portion of the county of Los Ange¬ 
les embraced within and comprising the seventy* 
lirst and seventy-second assembly districts, as des¬ 
ignated and constituted by section ninety of tjiis 
code, shall constitute the thirty-first senatorial dis¬ 
trict. 

32. The counties of Kings, Tulare and Kern 
shall constitute the thirty-second senatorial dis¬ 
trict. 

33. All that portion of the county of Los 

Angeles embraced within and comprising the sixty- 
eighth and seventieth assembly districts, as des¬ 
ignated and constituted by section ninety of this 
code, shall constitute the thirty-third senatorial 
district. 

34. All that portion of the county of Los 

Angeles embraced within and comprising the 
sixty-second assembly district, as designated and 
constituted by section ninety of this code and all 
that portion of said county bounded as follows: 
Commencing at the intersection of the center line 
of Washington street and Hoover street, in the 
city of Los Angeles; thence along the center line 
of the following named streets, to-wit: Hoover 
street to Pico street, Pico street to Hoover street, 
Hoover street to Carondelet street, Carondelet 
street to Ninth street, Ninth street to Hoover 
street, Hoover street to Seventh street, Seventh 
street to Vermont avenue, Vermont avenue to Mel¬ 
rose avenue, Melrose avenue to the west patent 
boundary line of said city; thence north along said 
patent boundary line to the northwest corner of 
said city as described in the United States patent; 
thence east along the north patent boundary of 
said city to the easterly line of that portion of 
Tropico precinct number two annexed to said city 
prior to November 1, 1911; thence northwesterly, 
westerly and southerly following the exterior lines 


Senatorial 

Districts 

29-34 




236 


CALIFORNIA ELECTION LAWS 


Senatorial 

Districts 

34-37 


of those portions of Tropico precinct numbers one 
and two, and of Ivanhoe precinct so annexed to 
said city, to the north line of the former city of 
Hollywood, the same being a point in the present 
north boundary line of the city of Los Angeles; 
thence following the boundary line of said city of 
Los Angeles westerly, southerly, westerly, south¬ 
erly, westerly, southerly, easterly, southerly, east- 
terly and southerly to the center line of Washing¬ 
ton street; thence east along said center line to 
the point of beginning, shall constitute the thirty- 
fourth senatorial district. 

35. All that portion of the county of Los- 
Angeles embraced within and comprising the sixty- 
sixth and sixty-ninth assembly districts, as des¬ 
ignated and constituted by section ninety of this 
code, shall constitute the thirty fifth senatorial dis¬ 
trict. 

36. All that portion of the county of Los Ange¬ 
les embraced within and comprising the sixty- 
seventh assembly district as designated and con¬ 
stituted by section ninety of this code, and all 
that portion of said county embraced within and 
comprising the sixty-first assembly district, as so 
designated and constituted, excepting therefrom 
that portion of said sixty-first assembly district 
situate within the city of Los Angeles and lying 
west of the following described lines, to-wit: Be¬ 
ginning at the intersection of the north patent 
boundary line of said city with the center line 
of the Los Angeles river; thence southeasterly 
and southerly along the center line of the Los 
Angeles river and the center line of the official 
bed of the Los Angeles river to its intersection 
with the center line of North Broadway from the 
east, shall constitute the thirty-sixth senatorial 
district. 

37. All that portion of the county of Los Ange¬ 
les described as follows: Beginning at the inter¬ 
section of the center lines of Wall street and 
Fifth street, in the city of Los Angeles; thence 
along the center line of the following named 
streets, to-wit: Fifth street to Hill street, Hill 
street to Temple street, Temple street to Hill 
street, Hill street to Sunset boulevard, Sunset 


CALIFORNIA ELECTION LAWS 


237 


! boulevard to Hill street, Hill street to Alpine 
j street, Alpine street to Cleveland street, Cleve- 
j land street to College street, College street to 
| Adobe street, Adobe street to Look Out drive, 
Look Out drive to Park Terrace, Park Terrace 
to Sunset boulevard, Sunset boulevard to Echo 
! Park avenue, Echo Park avenue and the prolon¬ 
gation thereof to the north patent boundary line 
! of the city of Los Angeles; thence west along 
said boundary line to the northwest corner of 
said city as described in the United States patent; 
thence south along the west patent boundary line 
j of said city to the center line of Melrose avenue; 
thence along the center line of the following named 
streets, to-wit: Melrose avenue to Vermont ave- 
I nue, Vermont avenue to Seventh street, Seventh 
street to Hoover street, Hoover street to Ninth 
street, Ninth street to Blaine street, Blaine street 
to Tenth street, Tenth street to 'Georgia street, 
Georgia street to Ottawa street, Ottawa street to 
Figueroa street, Figueroa street to Eleventh street, 

' Eleventh street to Wall street, Wall street to Fifth 
j street, the place of beginning, shall constitute the 
j thirty-seventh senatorial district. 

38. All that portion of the county of Los An- 
j geles bounded as follows: Beginning at the inter- 
j section of the center line of Maple street and 
Eleventh street, in the city of Los Angeles; 
i thence along the center line of the following 
i named streets, to-wit: Eleventh street to Figueroa 
j street, Figueroa street to Ottawa street, Ottawa 
street to Georgia street, Georgia street to Tenth 
street, Tenth street to Blaine street, Blaine street 
| to Ninth street, Ninth street to Carondelet street, 

| Carondelet street to Hoover street, Hoover street 
j to Pico street, Pico street to Hoover street, Hoover 
street to Jefferson street, Jefferson street to Figu¬ 
eroa street, Figueroa street to Vernon avenue, 
Vernon avenue to McKinley avenue or the north¬ 
erly prolongation of McKinley avenue from the 
south, McKinley avenue and said prolongation to 
Fifty-first street, Fifty-first street to Central ave¬ 
nue, Central avenue to Fifty-first street, Fifty-first 
street to Hooper avenue, Hooper avenue to Fifty- 
first street, Fifty-first street and the easterly pro- 


Senatorial 

Districts 

37-38 





Senatorial 

Districts 

38-40 


Assembly 

Districts 

1-11 


238 CALIFORNIA ELECTION LAWS 

longation thereof to a point in the easterly bound¬ 
ary line of the city of Los Angeles; thence in a 
northerly direction along said boundary line to the 
southerly charter boundary line of the city of Los 
Angeles where the same intersects the center line of 
Alameda street, Alameda street to Twentieth street, 
Twentieth street to Compton avenue, Compton 
avenue to Twenty-first street, Twenty-first street 
to Central avenue, Central avenue to Twenty-first 
street from the west; Twenty-first street to Maple 
avenue, Maple avenue to Eleventh street, the place 
of beginning, shall constitute the thirty-eighth 
senatorial district. 

39. The counties of Riverside, Orange and Im¬ 
perial shall constitute the thirty-ninth sentorial 
district. 

40. The county of San Diego shall constitute 

the fortieth senatorial district. 

* * * * 

Eighty Assembly Districts 

90. The state is hereby divided into eighty as¬ 
sembly districts, respectively numbered and con¬ 
stituted as follows: 

1. The counties of Del Norte and Siskiyou 
shall constitute the first assembly district. 

2. The county of Humboldt shall constitute the 
second assembly district. 

3. The counties of Shasta and Trinity shall 
constitute the third assembly district. 

4. The counties of Plumas, Lassen, Modoc and 
Sierra shall constitute the fourth assembly district. 

5. The counties of Tehama, Glenn and Colusa 
shall constitute the fifth assembly district. 

6. The county of Mendocino shall constitute 
the sixth assembly district. 

7. The county of Butte shall constitute the 
seventh assembly district. 

8. The counties of Yuba, Sutter and Yolo shall 
constitute the eighth assembly district. 

9. The counties of Nevada and Placer shall 
constitute the ninth assembly district. 

10. The county of Solano shall constitute the 
tenth assembly district. 

11. The counties of Napa and Lake shall con¬ 
stitute the eleventh assembly district. 



CALIFORNIA ELECTION LAWS 239 

12. All that portion of the county of Sonoma 
comprising the following election precincts of 
nineteen hundred and ten, to-wit: Bloomfield, 
Blucher, Bodega, Cazadero, Cotati, Dry Creek, 
Duncan ’s Mills, Forestville, Freestone, Graton, 
Ilealdsburg City numbers 1 to 4 inclusive, Healds- 
burg Road, Lakeville, Magnolia, Marin, Mendo¬ 
cino, Molino, Occidental, Pennsgrove, Petaluma 
numbers 1 to 7 inclusive, East Redwood, West 
Redwood, Sebastopol numbers 1 and 2, Skagg’s 
Springs, Stewart’s Point, Table Mountain, Tim¬ 
ber Cove, Valley Ford, and Wilson, shall consti¬ 
tute the twelfth assemly district. 

13. All that portion of the county of Sonoma 
not embraced in the twelfth assembly district shall 
constitute the thirteenth assembly district. 

14. All that portion of the county of Sacra¬ 

mento, composed of that part of the city of Sac¬ 
ramento, lying north of the center of “K” 

street, and east of the center of Thirty-first street, 

and all that portion of said Sacramento county in¬ 
cluded within the boundaries of ‘‘American Town¬ 
ship,” “Brighton Township,” “Center Town¬ 
ship,” “Granite Township,” “Mississippi Town¬ 
ship,” “Natoma Township,” and “Sutter Town¬ 
ship,” as said townships existed on the first day 
of January, 1911, shall constitute the fourteenth 
assembly district. 

15. All that portion of the county of Sacra¬ 

mento not included in the fourteenth assembly dis¬ 
trict shall constitute the fifteenth assembly dis¬ 
trict. 

16. The counties of Amador, El Dorado, Alpine 
and Calaveras shall constitute the sixteenth assem¬ 
bly district. 

17. The county of Marin shall constitute the 
seventeenth assembly district. 

18. The county of Contra Costa shall constitute 
the eighteenth assembly district. 

19. All that portion of the county of San Joa¬ 
quin not included in the twentieth district shall 
constitute the nineteenth assembly district. 

20'. All that portion of the county of San Joa¬ 
quin comprising the city of Stockton shall consti¬ 
tute the twentieth - assembly district. 


Assembly 

Districts 

12-20 




240 


CALIFORNIA ELECTION LAWS 


Assembly 

Districts 

21-23 


21. All that portion of the city and county of 
San Francisco bounded as follows: Commencing 
at the point of intersection of the center line of 
Market street with the center line of Eleventh 
street; thence along the center line of the follow¬ 
ing named streets, to-wit: Eleventh street to Bry¬ 
ant avenue, Bryant avenue to Twentieth street, 
Twentieth street to the waters of the Bay of San 
Francisco; thence northerly along the shore line 
of said bay to its intersection with the center line 
of Market street; thence along the center line of 
Market street to the point of beginning, shall con¬ 
stitute the twenty-first assembly district. 

22. All that portion of the city and county of 
San Francisco bounded as follows: Commencing 
at the point of intersection of the center line of 
Twentieth street with the center line of Bryant 
avenue, continuing thence along the center line of 
the following named streets, to-wit: Bryant ave¬ 
nue to Army street, Army street to San Bruno 
avenue, San Bruno avenue to the boundary line 
between the city and county of San Francisco 
and the county of San Mateo; thence easterly 
along said boundary line to the Bay of San Fran¬ 
cisco; thence northerly along the shore line of 
the Bay of San Francisco to its intersection with 
the center line of Twentieth street; thence along 
the center line of Twentieth street to the point 
of beginning, shall constitute the twenty-second 
assembly district. 

23. All that portion of the city and county of 
San Francisco bounded as follows: Commencing 
at the point of intersection of Dolores and Twen¬ 
ty-ninth streets; thence along the center line of 
the following named streets, to-wit: Twenty-ninth 
to Mission, Mission to Army, Army to San Bruno 
avenue, San Bruno avenue" to the boundary line 
dividing the city and county of San Francisco and 
the county of San Mateo; thence along said bound¬ 
ary line westerly to the center line of San Jose 
avenue; thence along the center lines of the fol¬ 
lowing named streets, to-wit: San Jose avenue to 
Dolores street, Dolores street to Twenty-ninth 
street, the place of beginning, shall constitute the 
twenty-third assembly district. 


CALIFORNIA ELECTION LAWS 


241 


24. All that portion of the city and county of 

San Francisco bounded as follows: Commencing 
at the point of intersection of Twenty-second and 
Dolores streets, thence along the center line of the 
following named streets, to-wit: Dolores to San 
Jose avenue, San Jose avenue to the boundary 
line dividing the- city and county of San Francisco 
and the county of San Mateo, thence along said 
boundary line, westerly, to the waters of the Pa¬ 
cific ocean, thence along the shore line of said 
ocean northerly, to the Sloat boulevard; thence 
along the center lines of the following named 
streets, to-wit: Sloat boulevard to Corbett avenue, 
Corbett avenue to Burnett avenue, Burnett ave¬ 
nue to Dixie alley, Dixie alley to Grand View 

avenue, Grand View avenue to Twenty-second 
street, Twenty-second street to Dolores, the place 
of beginning, shall constitute the twenty-fourth 
assembly district. 

25. All that portion of' the city and county of 

San Francisco bounded as follows: Commencing 

at the point of intersection of Eighteenth street 
and Dolores street, continuing along the center 

lines of the following named streets, to-wit: Do¬ 
lores to Twenty-ninth, Twenty-ninth to Mission, 
Mission to Army, Army to Bryant avenue, Bryant 
avenue to Eighteenth street, Eighteenth to Har¬ 
rison, Harrison to Eighteenth, Eighteenth to Do¬ 
lores, the point of commencement, shall constitute 
the twenty-fifth assembly district. 

26. All that portion of the city and county of 

San Francisco bounded as follows: Commencing 

at the point of intersection of McAllister and 
Fillmore streets, continuing thence along the cen¬ 
ter line of the following named streets, to-wit: 
Fillmore street to Duboce avenue, Duboce avenue 
to Church street, Church street to Eighteenth, 
Eighteenth to Dolores, Dolores to Twenty-second, 
Twenty-second to Grand View avenue, Grand 
View avenue to Dixie alley, Dixie alley to Bur¬ 
nett avenue, Burnett avenue to Clarendon avenue, 
Clarendon avenue to Clayton street, Clayton to 
Ashbury, Ashbury to Piedmont, Piedmont to Ma¬ 
sonic avenue, Masonic avenue to Java street, Java 
street to Buena Vista avenue, Buena Vista avenue 


Assembly 

Districts 

24-26 





242 


CALIFORNIA ELECTION LAWS 


Assembly 

Districts 

26-29 


to Central avenue, Central avenue to Oak street, 
Oak street to Masonic avenue, Masonic avenue to 
McAllister street, McAllister street to Fillmore 
street, the place of beginning, shall constitute the 
twenty-sixth assembly district. 

27. All that portion of the city and county of 

San Francisco bounded as follows: Commencing 
at the point of intersection of Fulton street and 
Masonic avenue, thence along the center line of 
the following named streets, to-wit: Masonic 

avenue to Oak street, Oak street to Central ave¬ 
nue, Central avenue to Buena Vista avenue, Bu¬ 
ena Vista avenue to Java street, Java street to 
Masonic avenue, Masonic avenue to Piedmont 
street, Piedmont street to Ashbury street, Ash¬ 
bury street to Clayton street, Clayton street to 
Clarendon avenue, Clarendon avenue to Burnett 
avenue, Burnett avenue to Corbett avenue, Cor¬ 
bett avenue to Sloat boulevard, Sloat boulevard 
to the waters of the Pacific ocean; thence along 
the shore line of said ocean northerly to Fulton 
street, Fulton street to Masonic avenue, the place 
of beginning, shall constitute the twenty-seventh 
assembly district. 

28. All that portion of the city and county of 
San Francisco bounded as follows: Commencing 
at the point of intersection of Fulton street and 
Parker avenue, thence along the center line of the 
following named streets, to-wit: Parker avenue 
to California street, California street to Maple 
avenue, Maple avenue to the southerly line of the 
Presidio Reservation; thence "westerly along the 
southerly boundary of the Presidio Reservation 
to Lobos creek; thence along the center line of 
Lobos creek to the waters of the Pacific ocean; 
thence westerly and southerly along the said shore 
line to Fulton street, Ffilton street to Parker 
avenue, the point of beginning, together with the 
islands known as the Farallon Islands, shall con¬ 
stitute the twenty-eighth assembly district. 

29. AH that portion of the city and county of 
San Francisco bounded as follows: Commencing at 
the point of intersection of McAllister street and 
Van Ness avenue, thence along the center lines 
of the following named streets, to-wit: Van Ness 


CALIFORNIA ELECTION LAWS 


243 


avenue to Market street, Market street to Eleventh 
street, Eleventh street to Bryant avenue, Bryant 
avenue to Eighteenth street, Eighteenth street to 
Harrison street, Harrison street to Eighteenth 
street, Eighteenth street to Church street, Church 
street to Duboce avenue, Duboce avenue to Fill¬ 
more street, Fillmore street to McAllister street, 
McAllister street to Van Ness avenue, the place 
of beginning, shall constitute the twenty-ninth 
assembly district. 

30. All that portion of the city and county of 
San Francisco bounded as follows: Commencing 
at the point of intersection of Pine street and Van 
Ness avenue, thence along the center line of the 
following named streets, to-wit: Van Ness ave¬ 
nue to McAllister street, McAllister street to Ma¬ 
sonic avenue, Masonic avenue to Fulton street, 
Fulton street to Parker avenue, Parker avenue to 
California street, California street to Presidio ave¬ 
nue, Presidio avenue to Pine street, Pine street 
to Van Ness avenue, the point of beginning, shall 
constitute the thirtieth assembly district. 

31. All that portion of the city and county of 
San Francisco bounded as follows: Commencing 
at the point of intersection of Pine street and Van 
ness avenue, thence along the center line of the 
following named streets, to-wit: Van Ness avenue 
to the bay of San Francisco; thence along the 
shore line of said bay to the waters of the Pacific 
ocean; thence along the shore line of said ocean 
to Lobos creek; thence along the line of said 
Lobos creek to the southerly boundary line of 
Presidio Reservation; thence along said boundary 
line to Maple street; Maple street to California 
street, California street to Presidio avenue, Pre¬ 
sidio avenue to Pine street, Pine street to Van 
Ness avenue, the point of beginning, shall consti¬ 
tute the thirty-first assembly district. 

32. All that portion of the city and county of 
San Francisco bounded as follows: Commencing 
at the point of intersection of Van Ness avenue 
and Market street, continuing along the center line 
of the following named streets, to-wit: Van Ness 
avenue to the waters of the bay of San Fran¬ 
cisco; thence easterly along the shore line of said 


Assembly 

Districts 

29-32 







244 


CALIFORNIA ELECTION LAWS 


Assembly 

Districts 

32-35 


bay to Jones street, Jones street to Green street, 
Green street to Mason street, Mason street to 
Ellis street, Ellis street to Jones street, Jones 
street to Market street, market street to Van 
Ness avenue, the point of beginning, shall consti¬ 
tute the thirty-second assembly district. 

33. All that portion of the city and county of 
San Francisco bounded as follows: Commencing 
at the point of intersection of Market street and 
Jones street, continuing thence along the center 
line of the following named streets, to-wit: Jones 
to Ellis, Ellis to Mason, Mason to Green, Green 
to Jones, Jones to the waters of the bay of San 
Francisco; thence easterly along the shore line 
of said bay to Market street, Market street to 
Jones street, the point of beginning, and the 
islands of the bay of San Francisco within the 
city and county of San Francisco, shall constitute 
the thirty-third assembly district. 

34. All that portion of the county of Ala¬ 
meda lying easterly of a line described as fol¬ 
lows: Beginning at a point where the boundary 
line between Eden and Alameda townships inter¬ 
sects the' westerly boundary line of Alameda coun¬ 
ty; thence easterly and northerly along the bound¬ 
ary line of Alameda township to the line dividing 
Brooklyn and Eden townships; thence easterly 
along the boundary line between Eden and Brook¬ 
lyn townships to the southwesterly boundary line 
of the town of San Leandro; thence northerly 
and easterly along said boundary line to the cen¬ 
ter of East Fourteenth street; thence north¬ 
westerly following along the center line of East 
Fourteenth street to the center line of Moss 
avenue, in the city of Oakland; thence 
northeasterly along the center line of Moss ave¬ 
nue and a direct extension of said center line to 
the northeasterly boundary line of the city of 
Oakland; thence following the said northeasterly 
boundary line of the city of Oakland in a north¬ 
westerly direction to its intersection with the 
northeasterly boundary line of the county of Ala¬ 
meda, shall constitute the thirty-fourth assembly 
district. 

35. All that portion of the county of Alameda 




CALIFORNIA ELECTION LAWS 245 

I described as follows, to-w T it: Beginning at a point 
where the boundary line between Eden and Ala- 
1 meda townships intersects the westerly boundary 
line of the county of Alameda; thence in an east¬ 
erly and northerly direction along the boundary 
line of Alameda township to the line dividing 
Brooklyn and Eden townships; thence in an east¬ 
erly direction along the boundary line between 
Eden and Brooklyn townships to the southwest¬ 
erly boundary line of the town of San Leandro; 
thence northerly and easterly following/the said 
town line to the center line of East Fourteenth 
street; thence northwesterly following the center 
line of East Fourteenth street and extension of the 
same to its intersection with the line dividing 
Brooklyn and Oakland townships, said point being 
in Lake Merritt; thence southwesterly along said 
township line to its intersection with the north- 
I erly boundary line of Alameda township; thence 
westerly following along the said northerly bound- 
i ary line of Alameda township to its intersection 
with the westerly boundary line of Alameda coun- 
: ty; thence southeasterly along said county bound- 
! ary line to the point of beginning, shall constitute 
the thirty-fifth assembly district. 

36. All that portion of the county of Alameda 
j described as follows, to-wit: Beginning at a point 
I where the center line of Thirteenth avenue is inter- 
! sected by the center line of East Fourteenth 
! street in the city of Oakland; thence northwesterly 
, along the center line of East Fourteenth street 
i and an extension of said center line to a point 
| where the same intersects the westerly boundary 
line of Brooklyn township, in Lake Merritt; 
j thence northeasterly following along the boundary 
' line between Brooklyn and Oakland townships to 
i the southerly boundary line of the city of Pied- 
' mont; thence easterly, northerly and westerly fol¬ 
lowing the said boundary line of the city of Pied¬ 
mont to the line dividing Oakland and Brooklyn 
I townships; thence northeasterly along said divid¬ 
ing line between Oakland and Brooklyn townships 
to its intersection with the northeasterly boundary 
line of the city of Oakland; thence southeasterly 
following said city boundary line to a point where 


Assembly 

Districts 

35-36 




246 


CALIFORNIA ELECTION LAWS 


Assembly 

Districts 

36-38 


the same would be intersected by a direct exten- i 
sion northeasterly of the center line of Moss ave¬ 
nue; thence southwesterly along said extension and 
along the center line of Moss avenue to the center 
line of East Fourteenth street; thence northwest¬ 
erly along the center line of East Fourteenth 
street to the center line of Thirteenth avenue and 
the point of beginning, shall constitute the thirty- 
sixth assembly district. 

37. All of that portion of the county of Ala¬ 
meda described as follows, to-wit: Beginning at a 
point where the center line of Broadway is inter¬ 
sected by the center line of Thirteenth street, in 
the city of Oakland; thence southeasterly along 
the center line of Thirteenth street and a direct 
extension of said center line to its intersection 
with the line dividing Brooklyn and Oakland town¬ 
ships; thence northeasterly following along the 
line dividing Brooklyn and Oakland townships to 
a point in the southerly boundary line of the city 
of Piedmont; thence easterly, northerly and west¬ 
erly, following the southern, eastern and northern » 
boundary line of the city of Piedmont to its inter¬ 
section with the eastern boundary line of the city 

of Oakland, as the same existed prior to the annex 
of 1909; thence northwesterly along the easterly 
boundary line of the city of Oakland, as the same 
existed prior to the annex of 1909, to its intersec¬ 
tion with the center line of Broadway; thence 
southerly along the center line of Broadway to the 
center line of Fifty-first or Yernon street; thence 
westerly following along the center line of Fifty- 
first street to the center line of Shattuck avenue; 
thence southerly along the center line of Shattuck 
avenue to the center line of Teme’scal creek; 
thence westerly down the center of Temescal creek 
to the center of Grove street; thence southerly 
along the center of Grove street to the center of 
San Pablo avenue; thence southerly along the 
center of San Pablo avenue to the center of 
Broadway; thence southerly along the center of 
Broadway to the center of Thirteenth street, and 
the point of beginning, shall constitute the thirty- 
seventh assembly district. 

38. All of that portion of the county of Ala- 





CALIFORNIA ELECTION LAWS 


247 


meda described as follows, to-wit: Beginning at a 
point where the center line of Adeline street is 
intersected by the center line of Twenty-second 
street in the city of Oakland; thence easterly 
along the center line of Twenty-second street to 
the center line of Grove street; thence southerly 
along the center line of Grove street to the center 
line of San Pablo avenue; thence southerly along 
the center line of San Pablo avenue to the center 
line of Broadway; thence southerly along the cen¬ 
ter line of Broadway to the center linfe of Thir¬ 
teenth street; thence easterly along the center 
line of Thirteenth street and a direct extension 
of said center line to its intersection with the line 
dividing Brooklyn and Oakland townships; thence 
southerly along the line dividing Oakland and 
Brooklyn townships to the line dividing Oakland and 
Alameda townships; thence westerly along the line 
dividing Oakland and Alameda townships to a 
point where a direct extension of the center line 
of Adeline street would intersect the same; thence 
northerly along said extension and along the center 
line of Adeline street to the point of beginning, 
shall constitute the thirty-eighth assembly dis¬ 
trict. 

39. All of that portion of the county of Ala¬ 
meda described as follows, to-wit: Beginning at a 
point where the center line of Adeline street is 
intersected by the center line of Twenty-second 
street in the city of Oakland; thence easterly 
along the center line of Twenty-second street to 
the center line of Grove street; thence northerly 
along the center line of Grove street to the center 
of Temescal creek; thence westerly down the 
center of Temescal creek to the town of Emery¬ 
ville; thence westerly and northerly following the 
boundary line of the town of Emeryville to the 
southerly boundary line of the city of Berkeley; 
thence westerly along the southerly boundary line 
of the city of Berkeley and a direct extension of 
same to its intersection with the westerly bound¬ 
ary line of Alameda county; thence southerly 
along the westerly boundary line of Alameda coun¬ 
ty to its intersection with the line dividing Oak¬ 
land and Alameda townships; thence easterly along 


Assembly 

Districts 

38-39 






Assembly 

Districts 

39-41 


248 CALIFORNIA ELECTION LAWS 

the line dividing Oakland and Alameda townships 
to a point where a direct extension of the center 
line of Adeline street would intersect the same; 
thence northerly along said extension and along 
the center line of Adeline street to the center 
line of Twenty-second street and the point of be¬ 
ginning, shall constitute the thirty-ninth assembly 
district. 

40. All of that portion of the county of Ala¬ 
meda described as follows, to-wit: Beginning at a 
point where the easterly boundary line of the 
town of Emeryville is intersected by the south¬ 
erly boundary line of the city of Berkeley; thence 
southerly and easterly along the boundary line 
of the town of Emeryville to a corner thereof, the 
same being in the center of Temescal creek; 
thence up the center of Temescal creek to the cen¬ 
ter line of Shattuck avenue; thence northerly 
along the center line of Shattuck avenue to the 
center line of Russell street; thence westerly along 
the center line of Russell street to the center line 
of Milvia street; thence northerly along the center 
line of Milvia street to the center line of Codorn- 
ices creek; thence westerly down the center line 
of Codornices creek to the easterly boundary line 
of the town of Albany; thence northerly along 
the easterly boundary line of the town of Albany 
to the northern boundary of the county of Ala¬ 
meda; thence westerly and southerly along the 
northern and western boundary line of the county 
of Alameda to a point where said boundary line 
would be intersected by a direct intersection west¬ 
erly of the southerly boundary line of the city of 
Berkeley; thence easterly along said extension 
and along the southerly boundary line of the city 
of Berkeley to the point of beginning, shall con¬ 
stitute the fortieth assembly district. 

41. All that portion of the county of Alameda 
described as follows, to-wit: Beginning at a point 
where the center line of Shattuck avenue is inter¬ 
sected by the center line of Fifty-first street or 
Vernon street, in the city of Oakland; thence east¬ 
erly along the center line of Fifty-first or Vernon 
street to the center line of Broadway; thence 
northeasterly along the center line of Broadway 


CALIFORNIA FLECTION LAWS 249 

! to its intersection with the northeasterly bound- 
| ary line of the city of Oakland, as the same 
! existed prior to the annex of 1909; thence south - 
, easterly along said boundary line of the city of 
Oakland as the same existed prior to the annex 
of 1909 to its intersection with the northerly 
| boundary line of the city of Piedmont; thence 
' easterly following the northerly boundary line of 
| the city of Piedmont to its intersection with the 
boundary line dividing Brooklyn and Oakland 
townships; thence northeasterly along ^ the line 
dividing Brooklyn and Oakland townships to its 
intersection with the northeasterly boundary line 
! of Alameda county; thence northwesterly and west- 
j erly following along the county boundary line to 
its intersection with the easterly boundary line 
of the town of Albany; thence southerly along the 
easterly boundary line of the town of Albany to 
its intersection with the center of Codornices 
creek; thence easterly up the center of Codornices 
creek to its intersection with the center line of 
Mil via street; thence southerly along the center 
line of Mil via- street to the center line of Russell 
street; thence easterly along the center line of 
Russel] street to the center line of Shattuck ave¬ 
nue; thence southerly along the center line of 
Shattuck avenue to the center line of Fifty-first 
or Vernon street and the point of beginning, shall 
constitute the forty-first assembly district. 

42. The county of San Mateo shall constitute 
the forty-second assembly district. 

1 43. The county of Santa Cruz shall constitute 
the forty-third assembly district. 

44. All that portion of the county of Santa 
Clara not included in the forty-fifth assembly di¬ 
strict shall constitute the forty-fourth assembly 
district. 

45. All that portion of the county of Santa 
Clara embraced within the following precincts, as 
I constituted at the general election in 1910, to- 
I wit: Agnew, that part of Alameda precinct lying 
! north of the center line of Park avenue, Alviso, 

1 Berryessa, Burbank, that part of Crandalville, 
precinct number one lying outside of the city lim¬ 
its of the city of San Jose, as established in 1911, 


Assembly 

Districts 

41-45 





Assembly 

Districts 

45-54 


250 CALIFORNIA ELECTION LAWS 

Cupertino, East San Jose number two, Fremont, 
Jefferson, Mayfield, Milpitas (numbers one and 
two), Mountain View (numbers one and two), 
Mount Hamilton, Orchard, Palo Alto, (numbers 
one to five inclusive), Purissima, San Jose (num¬ 
bers one to twelve, inclusive), Santa Clara (num¬ 
bers one to four, inclusive), Saratoga, Stanford, 
Stockton, Sunnyvale (numbers one and two), and 
University (numbers one and two), shall consti¬ 
tute .the forty-fifth assembly district. 

46. The county of Stanislaus shall constitute 
the forty-sixth assembly district. 

47. The counties of Mariposa, Tuolumne, Mono 
and Inyo shall constitute the forty-seventh assem¬ 
bly district. 

48. The counties of Monterey and San Benito 
shall constitute the, forty-eighth assembly district. 

49. The counties of Merced and Madera shall 
constitute the forty-ninth assembly district. 

50. All that portion of the county of Fresno 
comprising the precincts of Black Mountain, Bal¬ 
four, Barstow, Bryant, Cantua, Central Colony, 
Coalinga No. 1, Coalinga No. 2, Coalinga No. 3, 
Coalinga No. 4, Coalinga No. 5, Crescent, Chicago, 
Fresno Colony, Fowler, Firebaugh, Houghton, Hu¬ 
ron, Iowa, Jameson, Kerman, Kingsburg, Layton, 
Laguna, Liberty, Lewis Creek, Lucern, Madison, 
Mendota, Monroe, New Hope, Oleandar, Panoche, 
Pleasant Valley, Terry, Washington Colony, Wild- 
flower, Warthan and West Park, shall constitute 
the fiftieth assembly district. 

51. All that portion of the county of Fresno 
included in and comprising Fresno City precincts 
numbered one to' twenty-five, both inclusive, and 
the precincts of Hedges, Belmont, Arlington and 
East Fresno, shall constitute the fifty-first assem¬ 
bly district. 

52. All that portion of the county of Fresno 
not included in the fiftieth and fifty-first assembly 
districts, shall constitute the fifty-second assembly 
district. 

53. The county of San Luis Obispo shall consti¬ 
tute the fifty-third assembly district. 

54. The county of Kings shall constitute the 
fifty-fourth assembly district. 





CALIFOKNIA ELECTION LAWS 251 

55. The county of Tulare shall constitute the 
fifty-fifth assembly district. 

56. The county of Kern shall constitute the 
fifty-sixth assembly district. 

57. All that portion of the county of San Ber¬ 
nardino now comprised within the following town¬ 
ships, to-wit: Chino, Ontario, Upland, Cucamonga, 
Etiwanda, San Bernardino, Hesperia, Oro Grande, 
and Barstow, shall constitute the fifty-seventh 
assembly district. 

58. All that portion of the county of ')> San Ber¬ 
nardino not included within the fifty-seventh as¬ 
sembly district, as fixed and defined in this act, 
shall constitute the fifty-eighth assembly district. 

59. The county of Santa Barbara shall consti¬ 
tute the fifty-ninth assembly district. 

60. The county of Ventura shall constitute the 
sixtieth assembly district. 

61. All that portion of the county of Los An¬ 
geles included within and comprising the follow¬ 
ing election precincts, and parts of election pre¬ 
cincts of nineteen hundred ten, to-wit: La Liebre, 
Del Sur, Lancaster, Palmdale, Acton, Newhall, 
San Fernando, Chatsworth, Calabasas, Lanker- 
shim, La Canada, Sunland, Burbank, Glendale 
City, Eagle Bock, Annandale, Hermon, that part 
of Ivanhoe and of Tropico numbers one and two 
not included within the city of Los Angeles, as 
the boundaries of said city existed November 1, 
1911, and the following described portion of the city 
of Los Angeles: Beginning at the northeast cor¬ 
ner of said city as described in the United States 
patent; thence following the exterior boundary 
line of said city as the same existed November 
1, 1911, north, northeasterly, easterly, northerly 
and easterly in a general northeasterly direction 
to the extreme northeastern corner of said city; 
thence along the north line of said city west, 
southwest and southerly following such exterior 
boundary line of said city to the north patent 
boundary thereof; thence along the same west to 
the center line of Alvarado street; thence along 
the center line of the following named streets, to- 
wit: Alvarado street to Sunset boulevard, Sunset 
boulevard to Park Terrace, Park Terrace to Look 


Assembly 

Districts 

55-61 




CALIFORNIA ELECTION LAWS 


Assembly 

Districts 

61-63 


Out drive, Look Out drive to Adobe street, Adobe 
street to Bernardo street, Bernardo street to North 
Broadway, North Broadway (crossing the official 
bed of the Los Angeles river) to Daly street, Daly 
street to Pasadena avenue, Pasadena avenue to 
Avenue 35, Avenue 35 to Griffin avenue, Griffin 
avenue and its extension to the north patent 
boundary line of said city; thence east along said 
line to the' place of beginning, shall constitute 
the sixty-first assembly district. 

62. All that portion of the county of Los Ange¬ 
les included within and comprising the following 
election precincts of nineteen hundred ten, to-wit: 
Redondo Beach City numbers one and two, Her- 
mosa Beach City, Wiseburn, Inglewood City, Free¬ 
man, Del Rey, Ocean Park City numbers one, two 
and three, Moneta, Howard, Ballona, Cienega, 
Santa Monica City numbers one, two, three, four, 
five, six, seven, eight and nine, Malibu, National 
Military Home numbers one, two, three, four, five 
and six, Sawtelle City numbers one, two and three, 
and Sherman, shall constitute the sixty-second as¬ 
sembly district. 

63. All that portion of the county of Los Ange¬ 
les bounded as follows: Commencing at the inter¬ 
section of the center lines of Washington and 
Hoover streets, in the city of Los Angeles; thence 
along the center line of the following named 
streets, to-wit: Hoover street to Pico street, Pico 
street to Hoover street, Hoover street to Caronde- 
let street, Carondelet street to Ninth street, Ninth 
street to Hoover street, Hoover street to Benton 
boulevard, Benton boulevard to Sixth street, Sixth 
street to Hoover street, Hoover street to Occidental 
boulevard, Occidental boulevard to First street, 
First street to Occidental boulevard, Occidental 
boulevard to Sunset boulevard, Sunset boulevard 
to Alvarado street, Alvarado street to the north 
patent boundary of said city; thence along the 
same east to the easterly line of that portion of 
Tropico precinct number two annexed to said city 
prior to November 1, 1911; thence northwesterly, 
westerly and southerly, following the exterior lines 
of those portions of Tropico precincts numbers one 
and two, and of Ivanlioe precinct, so annexed to 










CALIFORNIA ELECTION LAWS 


253 


said city, to the north line of the former city of 
Hollywood, the same being a point in the present 
north boundary line of the city of Los Angeles; 

, [ thence following the boundary line of said city of 
j Los Angeles westerly, southerly, westerly, south- 
[ erly, westerly, southerly, easterly, southerly, east- 
j I erly and southerly to the center line of Washing- 
j ton street; thence east along said center line to 
; the point of beginning, shall constitute the sixty- 
third assembly district. 

64. All that portion of the county of Lps Ange¬ 
les bounded as follows: Commencing at the inter¬ 
section of Hill and Seventh streets, in the city 
of Los Angeles; thence along the center line of 
the following named streets, to-wit: Hill street to 
Temple street, Temple street to Hill street, Hill 
street to Sunset boulevard, Sunset boulevard to 

; Hill street, Hill street to Alpine street, Alpine 
street to Cleveland street, Cleveland street to Col¬ 
lege street, College street to Adobe street, Adobe 
[ street to Look Out Drive, Look Out Drive to 
| Park Terrace, Park Terrace to Sunset boulevard, 
| Sunset boulevard to Occidental boulevard, Occi¬ 
dental boulevard to First street, First street to Oc¬ 
cidental boulevard, Occidental boulevard to Hoover 
street, Hoover street to Sixth street, Sixth street to 
I Benton boulevard, Benton boulevard to Hoover 
street, Hoover street to Seventh street, Seventh 
street to Hill street, the point of beginning, shall 
constitute the sixty-fourth assembly district. 

65. All that portion of the county of Los Ange- 

i les bounded as follows: Commencing at the inter- 
I section of the center lines of North Broadway and 
I Daly street, in the city of Los Angeles; thence 
I along the center lines of the following named 

I streets, to-wit: North Broadway (crossing the 

I official bed of the Los Angeles river), to Bernardo 
I street, Bernardo street to Adobe street, Adobe 

| street to College street, College street to Cleveland 

(street, Cleveland street to Alpine street, Alpine 

street to Hill street, Hill street to Sunset boule¬ 
vard, Sunset boulevard to Hill street, Hill street 
to Temple street, Temple street to Hill street, Hill 
street to Fifth street, Fifth street to Central ave¬ 
nue, Central avenue to Sixth street, Sixth street 


Assembly 

Districts 

63-65 







254 


CALIFORNIA ELECTION LAWS 


Assembly 

Districts 

65-67 


and its easterly extension to the intersection with 
the center line of Gless street, Gless street to 
Fifth street, Fifth street to Pecan street, Pecan 
street to First street, First street to Pleasant ave¬ 
nue, Pleasant avenue to Brooklyn avenue, Brook¬ 
lyn avenue to Macy street, Macy street to Gal¬ 
lardo street, Gallardo street to Mission Road, Mis¬ 
sion Road to Daly street, Daly street to North 
Broadway, the point of beginning, shall constitute 
the sixty-fifth assembly district. 

66. All that portion of the county of Los Ange¬ 
les bounded as follows: Commencing at the north¬ 
eastern corner of the city of Los Angeles, as the 
same is described in the United States patent; 
thence westerly along the northern patent bound¬ 
ary line of said city to the center line of Griffin 
avenue, or the northerly prolongation thereof; 
thence along the northerly prolongation of said 
center line and along the center line of the follow¬ 
ing named streets, to-wit: Griffin avenue to Ave¬ 
nue 35, Avenue 35 to Pasadena avenue, Pasadena 
avenue to Daly street, Daly street to Mission 
Road, Mission Road to Gallardo street, Gallardo 
street to Macy street, Macy street to Brooklyn 
avenue, Brooklyn avenue to Pleasant avenue, 
Pleasant avenue to First street, First street to 
Pecan street, Pecan street to Fifth street, Fifth 
street to Gless street, Gless street to Sixth street, 
Sixth street and its extension westerly, along the 
line of assembly district number sixty-five, as con¬ 
stituted and designated by this section, to the 
center line of the official bed of the Los Angeles 
river; thence southerly along said center line and 
its southerly prolongation to the south boundary 
of said city; thence east along said boundary line 
to the southeastern corner of said city; thence 
north along the east line of said city to the point 
of beginning, shall constitute the sixty-sixth as¬ 
sembly district. 

67. All that portion of the county of Los Ange¬ 
les included within and comprising the following 
election precincts of nineteen hundred ten, to-wit: 
Pasadena City numbers one, two, three, four, five, 
six, seven, eight, nine, ten, eleven, twelve, thir¬ 
teen, fourteen, fifteen, sixteen, seventeen, eighteen, 


CALIFORNIA ELECTION LAWS 


\ nineteen, twenty, twenty-one, twenty-two and 
i twenty-three, and Altadena, shall constitute the 
1 sixty-seventh assembly district. 

68. All that portion of the county of Los Ange- 
j les included within and comprising the following 

election precincts, and parts of election precincts 
| of nineteen hundred ten, to-w T it: Claremont City, 
| La Verne, Lordsburg City, San Dimas, Pomona 
City numbers one, two, three, four, five and six, 
Spadra, Azusa, Azusa City, Glendora, Covina, Co- 
! vina City, Rowland, Rivera, Los Nietos, Whittier 
| City numbers one, tw r o, three and four, and all of 
!i El Monte precinct except that portion thereof lying 
I north of the westerly prolongation of the south 
line of Santa Anita precinct and except t}>at por¬ 
tion thereof lying west of the line dividing ranges 
: eleven and twelve west, in township one south, 
San Bernardino base and meridian, shall constitute 
the sixty-eighth assembly district. 

69. All that portion of the county of Los Ange¬ 
les included within and comprising the following 

I election precincts, and parts of election precincts 
! of nineteen hundred ten, to-wit: Monrovia City 
j numbers one, two and three, Duarte, Arcadia City 
: numbers one and two, Sierra Madre City, Lamanda 
| numbers one and two, Santa Anita, San Gabriel, 
Alhambra City numbers one, two and three, South 
Pasadena City numbers one, two and three, Baird, 
Belvedere numbers one and two, Montebello, La¬ 
guna, Fruitland, Vernon City, Huntington Park 
City numbers one and two, that part of the pre¬ 
cincts of Miramonte and Florence lying east of 
the center line of the right of way of the Long 
Beach line of the Pacific Electric Railway Com¬ 
pany, and that part of the precinct of El Monte 
lying north of the westerly prolongation of the 
southerly line of Santa Anita precinct and also 
that part of said precinct of El Monte lying west 
of the line dividing ranges eleven and twelve 
west, in township one south, San Bernardino base 
and meridian, shall constitute the sixty-ninth as¬ 
sembly district. 

70. All that portion of the county of Los Ange¬ 
les included within and comprising the following 
election precincts, and parts of election precincts 


Assembly 

Districts 

67-70 





CALIFORNIA ELECTION LAWS 


Assembly 

Districts 

70-72 


250 

of nineteen hundred ten, to-wit: Long Beach City 
numbers one, two, three, four, five, six, seven, 
eight, nine, ten, eleven, twelve, thirteen, fourteen, 
fifteen, sixteen, seventeen, eighteen and nineteen, 
Naples, Alamitos, Cerritos, Artesia, Norwalk, La 
Mirada, East Whittier, Downey numbers one and 
two, Clearwater, Willowbrook, Dominguez, Watts 
City, Compton City, and that part of Wilmington 
precinct which was annexed to the city of Long 
Beach prior to November 1, 1911, shall constitute 
the seventieth assembly district. 

71. All that portion of the county of Los Ange¬ 
les included within and comprising the following 
election precincts, and parts of election precincts 
of nineteen hundred ten, to-wit: Catalina, Lomita, 
Green Meadows, Gardena numbers one and two, 
all of Wilmington precinct, except the part which 
was prior to November 1, 1911, annexed to the 
city of Long Beach, that part of the precincts of 
Miramonte and Florence lying west of the center 
line of the right of way of the Long Beach line 
of the Pacific Electric Railway Company, and Los 
Angeles city precincts numbers one hundred 
ninety-two, one hundred ninety-three, one hundred 
ninety-four, one hundred ninety-seven, one hun¬ 
dred ninety-eight, one hundred ninety-nine, two 
hundred, two hundred four, two hundred five, two 
hundred six, two hundred seven, two hundred eight, 
two hundred eleven, two hundred thirteen, two 
hundred eighteen, two hundred nineteen, two hun¬ 
dred twenty-three, two hundred twenty-four, two 
hundred twenty-five, two hundred twenty-six, two 
hundred twenty-seven, two hundred twenty-eight, 
two hundred twenty-nine and two hundred thirty, 
shall constitute the seventy-first assembly district. 

72. All that portion of the county of Los Ange¬ 
les included within and comprising the following 
election precincts, and parts of election precincts 
of nineteen hundred ten, to-w T it: Los Angeles City 
numbers one hundred sixty-eight, one hundred 
sixty-nine, one hundred seventy, one hundred sev¬ 
enty-one, one hundred seventy-two, one hundred 
seventy-three, one hundred seventy-four, one hun¬ 
dred seventy-five, one hundred seventy-six, one 
hundred seventy-eight, one hundred seventy-nine, 



CALIFORNIA ELECTION LAWS 257 

one hundred eighty, one hundred eighty-one, one, 
hundred eighty two, one hundred eighty-three, one 
hundred eighty-four, one hundred eighty-five, one 
hundred eighty-six, one hundred eighty-seven, one 
hundred eighty-eight, one hundred eighty-nine, one 
hundred ninety, one hundred ninety-one, that part 
of Los Angeles City precinct number one hundred 
fifty-seven lying south of the center line of Jef¬ 
ferson street, and all of Los Angeles City precinct 
number one hundred seventy-seven, except that 
portion thereof bounded by the west patent bound¬ 
ary line of the city of Los Angeles, the center 
line of Hoover street (formerly Kingsley street) 
and the center line of West Jefferson street, shall 
constitute the seventy-second assembly district. 

73. All that portion of the county of Los Ange¬ 
les bounded as follows: Commencing at the inter¬ 
section of Main and Washington street, in the 
city of Los Angeles; thence along the center line 
of the following named streets, to-wit: Main 
street to Jefferson street, Jefferson street to Figu¬ 
eroa street, to Figueroa street to Vernon avenue, 
Vernon avenue to McKinley avenue, or the north¬ 
erly prolongation of McKinley avenue from the 
south, McKinley avenue and said prolongation to 
Fifty-first street, Fifty-first street, to Central ave¬ 
nue, Central avenue to Fifty-first street, Fifty-first 
street to Hooper avenue, Hooper avenue to Fifty- 
first street, Fifty-first street and the easterly pro¬ 
longation thereof to a point in the easterly boundary 
line of the city of Los Angeles, thence in a northerly 
direction along said boundary line to the south¬ 
erly charter boundary line of the city of Los 
Angeles wliere the same intersects the center 
line of Alameda street, Alameda street to Twenti¬ 
eth street, Twentieth street to Central avenue, 
Central avenue to Washington street, Washington 
street to Main street, the point of beginning, 
shall constitute the seventy-third assembly district. 

74. All that portion of the county of Los Ange¬ 
les bounded as follows: Commencing at the inter¬ 
section of Fifth and Hill streets, in the city of 
Los Angeles; thence along the center line of the 
following named streets, to-wit: Fifth street to 
Central avenue, Central avenue to Sixth street, 


Assembly 

Districts 

72-74 


Assembly 

Districts 

74-80 


258 CALIFORNIA ELECTION LAWS 

Sixth street and the extension thereof along the 
line of assembly district number sixty-five, as 
designated and constituted by this section, to the 
center line of the official bed of the Los Angeles 
river; thence southerly along the last mentioned 
line and the prolongation thereof to the south 
boundary line of the city of Los Angeles; thence 
westerly along said boundary line to the center 
line of Alameda street, Alameda street to Twen¬ 
tieth street, Twentieth street to Central avenue, 
Central avenue to Washington street, Washing¬ 
ton street to Hill street, Hill street to Fifth 
street, the point of beginning, shall constitute the 
seventy-fourth assembly district. 

75. All that portion of the county of Los Ange¬ 
les bounded as follows: Commencing at the inter¬ 
section of Seventh and Hill streets, in the city of 
Los xVngeles; thence along the center line of the 
following named streets, to-wit: Seventh street to 
Hoover street, Hoover street to Ninth street, Ninth 
street to Carondelet street, Carondelet street to 
Hoover street, Hoover street to Pico street, Pico 
street to Hoover street, Hoover street to Jefferson 
street, Jefferson street to Main street, Main street 
to Washington street, Washington street to Hill 
street, Hill street to Seventh street, the point of 
beginning, shall constitute the seventy-fifth assem¬ 
bly district. 

76. The county of Orange shall constitute the 
seventy-sixth assembly district. 

77. The county of Riverside shall constitute the 
seventy-seventh assembly district. 

78. The county of Imperial shall constitute the 
seventy-eighth assembly district. 

79. All that portion of the county of San Diego 
included within the corporate limits of the city 
of San Diego shall constitute the seventy-ninth 
assembly district. 

80. All that portion of the county of San Diego 
not included in the seventy-ninth assembly dis¬ 
trict shall constitute the eightieth assembly dis¬ 
trict. 

* * * * 

Eleven Congressional Districts 

117. The state is divided into eleven congres- 


CALIFORNIA ELECTION LAWS 259 

sional districts, which shall be designated and con¬ 
stituted as follows: 

1. The counties of Del Norte, Humboldt, Men¬ 
docino, Glenn, Butte, Yuba, Sutter, Marin, Colusa, 
Lake and Sonoma shall constitute the first con¬ 
gressional district. 

2. The counties of Siskiyou, Modoc, Trinity, 
Shasta, Lassen, Tehama, Plumas, Sierra, Nevada, 
Placer, El Dorado, Amador, Calaveras, Alpine, Tuol¬ 
umne and Mariposa shall constitute the second 
congressional district. 

3. The counties of Napa, Yolo, Sacramento, So¬ 
lano, Contra Costa and San Joaquin shall consti¬ 
tute the third congressional district. y 

4. All that portion of the- city and county of 
Sail Francisco comprising the twenty-eighth, 
thirty-first, thirtieth, thirty-second, thirty-third and 
twenty-first assembly districts, as such districts 
are constituted by section ninety of this code, as 
amended at the extraordinary session of the legis¬ 
lature commencing November 27, 1911, shall con¬ 
stitute the fourth congressional district. 

5. All that portion of the city and county of 
San Francisco not included in the fourth congres¬ 
sional district shall constitute the fifth congres¬ 
sional district. 

6. The county of Alameda shall constitute the 
sixth congressional district. 

7. The counties of Stanislaus, Merced, Madera, 
Fresno, Kings, Tulare and Kern shall constitute 
the seventh congressional district. 

8. The counties of San Mateo, Santa Clara, 
Santa Cruz, San Benito, Monterey, San Luis 
Obispo, Santa Barbara and Ventura shall consti¬ 
tute the eighth congressional district. 

9. All that portion of the county of Los Ange¬ 
les comprising the sixty-first, sixty-fifth, sixty- 
sixth, sixty-seventh, sixty-eighth, sixty-ninth and 
seventieth assembly districts, as such districts are 
constituted by section ninety of this code, as 
amended at the extraordinary session of the legis¬ 
lature commencing November 27, 1911, shall con¬ 
stitute the ninth congressional district. 

10. All that portion of the county of Los Ange- 


Congres- 

sional 

Districts 

1-10 


CALIFORNIA ELECTION LAWS 


260 


Congres¬ 

sional 

Districts 

10-11 


Equalization 

Districts 

1-4 


Districts of 
District 
Court of 
Appeal 
1-3 


les not included in the ninth congressional district j 
shall constitute the tenth congressional district. 

11. The counties of San Bernardino, Orange, , 
Riverside, San Diego, Mono, Inyo, and Imperial 

shall constitute the eleventh congressional district. 

* * * * 

Division Into Equalization Districts 

Section 125. The state is hereby divided into 
four equalization districts designated and consti¬ 
tuted as follows: 

1. The city and county of San Francisco shall 
constitute the first equalization district. 

2. The counties of Alameda, Alpine, Amador, 
Calaveras, Contra Costa, El Dorado, Nevada, Placer, 
Sacramento, San Joaquin and Tuolumne shall con- ' 
stitute the second equalization district. 

3. The counties of Butte, Colusa, Del Norte, J 

Glenn, Humboldt, Lake, Lassen, Marin, Mendocino, 

Modoc, Napa, Plumas, Shasta, Sierra, Siskiyou, 

Solano, Sonoma, Sutter, Tehama, Trinity, Yolo and 

Yuba shall constitute the third equalization district. 

4. The counties of Fresno, Inyo, Kern, Kings, ' 
Los Angeles, Madera, Mariposa, Merced, Mono, Mon¬ 
terey, Orange, Riverside, San Benito, San Bernar¬ 
dino, San Diego, San Luis Obispo, San Mateo, Santa , 
Barbara, Santa Clara, Santa Cruz, Stanislaus, Tu- j 
lare and Ventura shall constitute the fourth equal¬ 
ization district. 

* * * * 

Division into Judicial Districts 

Section 135. The state is hereby divided into 
three district courts of appeal districts designated 
and constituted as follows. 

1. The counties of San Francisco, Marin, Contra 
Costa, Alameda, San Mateo, Santa Clara, Fresno, 
Santa Cruz, Monterey and San Benito shall consti- i 
tute the first appellate district. 

2. The counties of Tulare, Kings, San Luis 
Obispo, Kern, Inyo, Santa Barbara, Ventura, Los j 
Angeles, San Bernardino, Orange, Riverside and San 
Diego shall constitute the second appellate district. 

3. The counties of Del Norte, Siskiyou, Modoc, j 
Humboldt, Trinity, Shasta, Lassen, Tehama, Plumas, 
Mendocino, Lake, Colusa, Glenn, Butte, Sierra, Sut- \ 
ter, Yuba, Nevada, Sonoma, Napa, Yolo, Placer, 


CALIFORNIA ELECTION LAWS 


261 


Solano, Sacramento, El Dorado, San Joaquin, 
Amador, Calaveras, Stanislaus, Mariposa, Madera, 
Merced, Tuolumne, Alpine and Mono shall constitute 

the third appellate district. 

* * * * 

LEGISLATIVE OFFICERS. 

State Senators, Election and Terms 

227. At the general election in the year 1908, 
and every four years thereafter, a Senator shall 
be elected in each odd-numbered Senatorial dis¬ 
trict constituted in Section 78 of this Code. At 
the general election in the year 1910, and every 
four years thereafter, a Senator shall be elected 
in each even-numbered district constituted/ in Sec¬ 
tion 78 of this Code. 

Assemblymen, Election and Terms 

228. At the general election in the year 1908, 
and every two years thereafter, a Member of the 
Assembly shall be elected in each of the Assembly 
districts constituted by Section 90 of this Code. 

Districts, Local Subdivisions, Precincts—Power to 
Change 

229. Neither Boards of Supervisors, municipal 
officers, nor any other officer or officers, shall have 
the power to alter the boundaries of any town¬ 
ship, ward, election precinct, or other local sub¬ 
division, of any county, city and county, city or 
town, so as to change the boundaries of any Sena¬ 
torial or Assembly district as constituted and de¬ 
fined in Chapter II of Title I of Part II of this 
Code. 

* * * * 

PROVISIONS AFFECTING ELECTIONS 
Date of General Election 

1041. There must be held throughout the State, 
on the first Tuesday after the first Monday of 

November, in the year eighteen hundred and 
eighty, and in every second year thereafter, an 

election, to be known as the general election. 

* * # # 

Dates of Special Elections 

1043. Special elections are such as are held to 
supply vacancies in any office, and are held at 


Alternate 
every 
Two Years 


All Elected 
Every Two 
Years 


Who can not 
change 
Legislative 
Districts 


Even 

Numbered 

Years 


When 

Necessary 


262 


CALIFORNIA ELECTION LAWS 


Political 
Code 
Sections 
1044, 1020, 
1121,1133, 
1151 Apply 


Thirty 
Days before 
General 

Ten Days 

Before 

Special 

Copies to 
Boards of 
Supervisors 


What 

Proclama¬ 

tion 

Contains 


such times as may be designated by the proper 
board or officer. 

Municipal Elections, How Held and When 

1044. Except in the particulars or cases other¬ 
wise provided for in the constitution or laws of 
the state or by the provisions of a freeholder 
charter duly adopted or amended pursuant to the 
constitution of this state, all municipal elections, 
where the same are held separate from state elec- ' I 
tions, and all elections held under the authority of 
Section 8 of Article XI. of the constitution, 

to elect boards of freeholders, or to vote 
upon proposed charters, or upon amendments to 

existing charters, and all other special elections, 
including all special elections to vote upon or for 
or against any proposition or question authorized 
to be submitted to a vote, shall be conducted 
under the provisions of sections 1044, 1120, 1121, 
1133, and 1151 of this code. 

* * * * 

ELECTION PROCLAMATIONS. 

Power and Duty of Governor to Issue 

1053. At least thirty days before a general elec¬ 
tion, and whenever he orders a special election to 
611 a vacancy in the office of State Senator or 
member of Assembly, at least ten days before 
such special election the Governor must issue an 
election proclamation, under his hand and the 
Great Seal of the State, and transmit copies thereof 5 , 
to the Boards of Supervisors of the counties in 
which such elections are to be held. 

What Governor’s Proclamation Contains 

1054. Such proclamation must contain: 

1. A statement of the time of election, and of 
the offices to be filled. 

2 . An offer of rewards, in the following form: 

11 And 1 do hereby offer a reward of one hundred 
dollars for the arrest and conviction of any and 
every person violating any of the provisions of 
Title IV, Part I, of the Penal Code; such rewards 
to be paid until the total amount hereafter ex¬ 
pended for the purpose reaches the sum of ten 
thousand dollars. ” 




CALIFORNIA ELECTION LAWS 


263 


Duties of Supervisors as to Publication and Posting 

1055. The Board of Supervisors, upon the re¬ 
ceipt of such proclamation may, in case of general 
or special elections, cause a copy of the same to 
be published in some newspaper printed in the 
county, if any, and to be posted at each place of 
election at least ten days before the election; 
and in case of special elections to fill a vacancy 
in the office of State Senator or member of As¬ 
sembly, the Board of Supervisors, upon receipt of 
such proclamation, may, in their discretion, cause 
a copy of the same to be published or posted as 
hereinbefore provided, except that such publication 
or posting need not be made for a longer> period 
than five days before such election. 

Powers and Duties of Supervisors in Issuing Elec¬ 
tion Proclamation 

1056. Whenever a special election is ordered 
by the Board of Supervisors, they must issue an 
election proclamation, containing the statement 
provided for in subdivision 1, of section 1054, and 
must publish and post it in the same manner as 

proclamations issued by the Governor. 

* * * * 

OTHER PROVISIONS COVERING ELECTIONS 
When Plurality Elects and When Not 

1066. The person receiving at any election a 
plurality of the votes polled for any office to be 
filled at such election, is elected thereto; provided, 
that in any city, county, or city and county, 
which, by its charter, prescribes for the election 
of its officers a higher proportion of votes than 
a plurality, such higher proportion of votes as 
may be so prescribed shall be necessary for such 
election; and provided, further, that in any munici¬ 
pality organized or incorporated under general 
laws, such higher proportion of votes than a plu¬ 
rality as may be prescribed by general laws shall 
be necessary for the election of the officers of such 
municipality. 

Procedure When Tie Vote, Except for Governor and 
Lieutenant-Governor 

1067. If at any election, except that for Gover- 


Publication 
and Posting 
by 

Supervisors 


Time 


Procla¬ 

mation 

Mandatory 


Plurality 

Elects 


Exceptions 


264 


CALIFORNIA ELECTION LAWS 


When 

Special 

Election 

Called 


Duty of 
Legislature 


Limit Ten 
Dollars 


nor or Lieutenant-Governor, two or more persons 
receive an equal and the highest number of votes, 
there is no choice, and a special election to fill 
such office must be ordered by the proper Board 
or officer. 

Procedure When Tie Vote for Governor or Lieu¬ 
tenant-Governor 

1068. In case any two or more persons have an 
equal and highest number of votes for either Gov¬ 
ernor or Lieutenant-Governor, the Legislature must, 
by a joint vote of both houses, choose one of the 
persons to fill such office. 

Electors Privileged from Arrest—Exception 

1069. Electors are privileged from arrest, ex¬ 
cept for an indictable offense, during their attend¬ 
ance on the election, and in going to and return¬ 
ing from the same. 

Exemption from Military Duty Election Day— 
Exception 

1070. No elector is obliged to perform militia 
duty on the day of election, except in time of 
war or public danger. 

No Registration Fees 

1071. No fees must be charged for registration 
or certificates thereof. 

Compensation of Election Officers 

1072. Each member upon a Board of Election 
in any county, or city and county, in the State, 
and each clerk thereof, shall receive as compensa¬ 
tion for his services upon such Board a sum not 
to exceed ten dollars, which sum shall be paid out 
of the treasury of the county, or city and county, 
in which such persons act. 

No Assignment or Transfsr of Compensation— 
Exception 

1072a. It shall be unlawful for any person serv¬ 
ing as an election officer, or who has served as an 
election officer at an election, or who has been 
appointed to serve as an election officer at any 


CALIFORNIA FLECTION LAWS 


265 


election, to assign or in any manner transfer the 
compensation which he will receive or be entitled 
to receive, or to have allowed to him for service 
as an election officer at any precinct, to any per¬ 
son, persons or corporation, until after the full 
completion of the election at the precinct, or until 
after the returns of such election from the precinct 
where he served as an election officer, have been 
sealed and delivered to the county clerk or regis¬ 
trar of voters, or postmaster or express agent, as 
provided by section 1264 of the Political Code, 
and it shall be unlawful for any person, persons 
or corporation, or their agent or servant, to either 
directly or indirectly receive any such assignment 
or transfer, or pay or advance any sum or money 
whatever, to any such election officer, or to any 
person for the use of such election officer, until 
said election returns have been sealed and de¬ 
livered as hereinbefore provided. Any person who 
shall violate any provision of this section shall be 
guilty of a misdemeanor. 

Poll Lists, Tally Lists, Rosters, Etc., Furnished by 
County Clerk 

1073. The necessary printed blanks for poll 
lists, tally lists, lists of voters, oath, and returns, 
together with envelopes in which to inclose re¬ 
turns, must be furnished by the County Clerk to 
the officers of each election precinct at the expense 
of the county. 

* # * * 

ELECTION COMMISSIONERS 
For Counties, Cities and Counties, and Cities 

1075. The board of supervisors of each county 
is ex officio the board of election commissioners in 
and for the county, and the common council, or 
other governing body of a city, is ex officio the 
board of election commissioners in and for such 
city; provided, that in any city and county of this 
state having four hundred thousand or more in¬ 
habitants as shown by the last federal census, 
the board of election commissioners shall consist 
of four persons, citizens and electors of such city 
and county, each of whom must be a freeholder, 


No Transfer 
until 
Election 
Completed 


A Misde¬ 
meanor 


Supplies 
Furnished 
by Clerk 


Where 
Population 
is 400,000 
or more 


266 CALIFORNIA ELECTION LAWS 


Written 

Protests 


New 

Appointment 


Party 

Affiliation 


Chairman 


and have been an actual resident of said city and 
county at least five years preceding his appoint¬ 
ment, who shall be appointed by the mayor; pro¬ 
vided, that the respective executive committees 
of the state committees of either of the political 
parties who may be entitled under the provisions 
of this act to have members of their party ap¬ 
pointed as members of said board of electiop. com¬ 
missioners shall have the right, within ten days 
after such appointment, to file with the mayor a 
written protest against the appointment of a 
member of said board of election commissioners, 
as having been appointed as one of affiliation 
with said party, on the grounds that said appointee 
is not a person of well-known affiliation and stand¬ 
ing with said party from which he has been ap¬ 
pointed; and the mayor thereupon shall make 
another appointment in the place of the party 
against whom the protest has been filed. The 
members of said commission shall be ineligible to 
any other office or public employment, elective or 
appointive, during the term for which they have 
been appointed and for one year thereafter. Two 
of the persons so appointed shall be selected 
from the body of citizens and electors of such 
city and county, of known affiliation with and be¬ 
longing to the political party or organization which 
at the last presidential election held in such city 
and county, polled within said city and county, 
the highest number of votes cast for the candi¬ 
dates of the political party for presidential elect¬ 
ors at such election; and the two remaining mem¬ 
bers of said board shall be selected from the body 
of electors of such city and county, of know T n 
affiliation with and belonging to the political 
party which, at the last presidential election held 
at such city and county, polled wfithin such city 
and county, the next highest number of votes 
east for the candidates for presidential electors 
of a political party. 

The members of said commission shall, every 
two years, choose one of their number as chair¬ 
man; in the event of their failure to select a chair¬ 
man in five ballots, the oldest of said members in 
point of years shall be chairman. 


CALIFORNIA ELECTION LAWS 267 

The persons first appointed as such board of 
election commissioners shall be appointed on the 
first Monday of July, eighteen hundred and ninety- 
five, and shall each hold their office for the term 
of four years from and after the date of their 
appointment, except that of those first appointed, 
two (one belonging to each political party or or¬ 
ganization as aforesaid), to be designated by the 
mayor, shall retire at the end of two years, when 
their successors shall be appointed by the mayor. 

Whenever any vacancy shall occur in the said 
board, such vacancy shall be filled by appointment 
as herein prescribed, and the persons so appointed 
to fill such vacancy shall be selected in the same 
manner and from the same political party'* or or¬ 
ganization with which his predecessor in office 
affiliated and belonged at the time of his appoint¬ 
ment thereto, and shall hold office for the balance 
of the unexpired term to which he was appointed. 

The salary of each member of the board of elec¬ 
tion commissioners in and for a city and county, 
having four hundred thousand or more inhabi¬ 
tants as shown by the last federal census shall 
be seven hundred and fifty dollars per annum, pay¬ 
able in equal monthly installments, out of the 
treasury of such city and county, in the same 
manner as the salaries of other officers of said 
city and county, are paid. 

Powers and Duties of Election Commissioners 

1076. The board of election commissioners, as 
provided for in this article, shall, within their 
respective counties, cities, or cities and counties, 
be invested with and shall exercise all the powers 
conferred, and shall discharge and perform all the 
duties imposed by this code or by any law of this 
state, upon boards of supervisors of the several 
counties, or upon the common council or other gov¬ 
erning body of cities, or upon any other board or 
body, in respect to the conduct, control, manage¬ 
ment, and supervision of elections, and all mat¬ 
ters pertaining to elections held within the re¬ 
spective counties, cities, or cities and counties, 
as the same are now or may be hereafter pre¬ 
scribed by law. 


Terms 


Vacancies 


Salaries 


Powers to 

Control 

Elections 


268 


CALIFORNIA ELECTION LAWS 


Duty of 
Clerk 


When 

Appointee 

Salary 

Term 


No other 
Employment 


Vacancy 

Declared 


Oath of 
Office and 
Filing 


Power to 
Appoint 


(The article above referred to includes sections 
1075-1080 inclusive.) 

Clerk of Commissioners, Powers and Duties 

1077. The county clerk is ex officio clerk of 
the board of election commissioners of the county, 
and the clerk or secretary of the common council 
or other governing body of a city is ex officio the 
clerk or secretary of the board of Election Com¬ 
missioners of the city; provided, that in cities and 
counties of this state having four hundred thou¬ 
sand or more inhabitants, the board of election 
commissioners shall appoint a suitable person, not 
one of their own number, to act as secretary at a 
salary not to exceed two hundred and fifty dollars 
per month, payable in the same manner as the 
salaries of the commissioners are paid. Such 

secretary shall hold his office during the pleasure 
of the said board. 

The secretary of the board of election commis¬ 
sioners shall not, during the term of his office, en¬ 
gage in any other calling or trade, or profession or 
employment, and shall be ineligible to be a candi¬ 
date or delegate to any convention which shall 

nominate candidates for office, and he shall be in¬ 
eligible to be voted for for any office while acting 
as such secretary; and if these provisions of the 

law are not obeyed, it shall be the duty of the 

board of election commissioners forthwith to de¬ 
clare his place vacated, and the vacancy shall be 
filled in the same manner and terms as provided 
for in the original appointment. 

Each member of the board of election commis¬ 
sioners, and the secretary elected by said board 
of election commissioners, shall, within fifteen days 
after receiving notice of their appointment, take 
the usual oath of office before any judge of the 
superior court of said city and county, and said 
oaths of office shall be filed with the county clerk 
of said city and county. 

The board of election commissioners shall have 
the power to appoint all deputies, and such clerks 
as may be necessary, and to fix their salaries at 
the time of their employment. All deputies and 
clerks thus appointed shall be equally divided be- 


CALIFORNIA FLECTION LAWS 


269 


tween the representatives of the political parties 
that polled the highest and the next to the highest 
number of votes at the preceding presidential 
election. The salaries of all deputies and clerks 
that may be appointed by said board of election 
commissioners shall be payable in equal monthly 
installments out of the treasury of said city and 
il county, in the same manner as the salaries of other 
j officers of such city and county, are paid. 

The members of the board of election commis- 
! sioners, the secretary of the board of election 
commissioners, all deputies and clerks appointed 
i by the board of election commissioners, and all 
election officers, shall have the power to admin¬ 
ister oaths; and any false oaths taken,, before 
them, or either of them, shall be deemed to be 
I perjury, and the person so convicted thereof shall 
be punished according to law. 

Clerk of Commissioners, Cities and Counties Where 
Population is 400,CKX) or More 

1078. The county clerk of each county, and the 
clerk or secretary of the common council of a city, 
shall, within their respective counties or cities, 
exercise all the powers conferred, and shall dis¬ 
charge and perform all the duties imposed by this 
code, or by any law T of this state, upon such offi¬ 
cers in respect to the conduct, management, and 
supervision of elections, and matters pertaining 
to elections, held within the respective counties 
or cities, as the same are now or may be hereafter 
prescribed by law; • 

Provided, that in any city and county having 
four hundred thousand or more inhabitants, the 
secretary of the board of election commissioners, 
under the direction of the board of election com¬ 
missioners, shall exercise all the powers conferred 
and shall discharge and perform all the duties 
imposed by this code, or by any law of this 
state, upon the county clerk or any other officer 
in such cities and counties, in respect to the con¬ 
duct and supervision of matters relating to elec¬ 
tions held within such cities and counties, as the 
same are now or may be hereafter prescribed by 
law. 


Payment 
of Salaries 


Power to 

Administer 

Oaths 


Powers of 
County and 
City Clerks 
in Elections 


When 
Secretary 
of Election 
Commis¬ 
sioners 




270 


CALIFORNIA ELECTION LAWS 


Acts 

When 

Registration 

over 

125,000 

Control of 
Purchases 


When Bids 
Called for 


When no 
Bid to 
Print 

Ballots, etc. 


Additional 

Appoint¬ 

ments 


Powers and Duties in Purchasing—Calling for Bids 

1079. Whenever the clerk, secretary or any 
other officer of a county, or city, which at the last 
general state election before this amendment had 
a registration of over one hundred and twenty- 
five thousand voters or of any city and county, is 
charged with the performance of any official duty, 
in respect to elections, which involves the ex¬ 
penditure of public moneys, such expenditures 
shall be subject to the control and supervision of 
the Board of Election Commissioners; and when 
any printing or other service is to be performed, 
or materials are to be furnished, the amount of 
which in the aggregate shall exceed the value of 
five hundred dollars, it shall be the duty of the 
Board of Election Commissioners to invite pro¬ 
posals for the work, or the furnishing of the ma¬ 
terials, and to let the contract for the same to the 
lowest responsible bidder therefor, in the same 
manner and upon the same conditions as is re¬ 
quired in the letting of contracts for doing other 
and similar work or furnishing other and similar 
materials, for such county, city, or city and county 
purposes; provided, that no such proposal or bid 
shall be required for the contract to print ballots 
or the printed index of the precinct registers, or 
the tally lists, if, in the judgment of the county 
clerk or registrar of voters, the time within which 
such ballots or index must be had does not reason¬ 
ably admit of such proposal and bid, or where 
an emergency requires the immediate performance 
of a duty* relating to the management or conduct 
of an election and delay in the performance of 
such duty might imperil the holding of the elec¬ 
tion at the time and in the manner provided by 
law; and provided further, that in any consolidated 
city and county having a freeholder charter pro¬ 
viding for a system of civil service, the election 
commission may make appointments of persons to 
perform work or service as laborers, mechanics, 
artisans or machinists in accordance with the pro¬ 
visions of such civil service, and provide for proper 
compensation therefor, whenever service of such 
nature is found necessary with respect to any 
election or elections. 


CALIFORNIA ELECTION LAWS 271 

Where This Article Does Not Conflict 

1080. Nothing contained in this article affects 
any of the provisions of this code, or of any 
statute of this state, touching the registration 
and qualification of voters and the method of call¬ 
ing, holding, and conducting elections, in force in 
any county, city, or city and county; but such 
provisions and statutes are recognized as continu¬ 
ing in force, except so far as they are inconsistent 
with the provisions of this article upon the sub¬ 
ject to which this article relates. 

(The article above referred to includes sections 

1075-1080 inclusive.) 

* * * * 

QUALIFICATIONS OF ELECTORS 
Eligibility of Elector 

1083. Every native citizen of the United States, 
every person who shall have acquired the rights 
of citizenship under or by virtue of the treaty of 
Queretaro, and every naturalized citizen thereof, 
who shall have become such ninety days prior to 
any election, of the age of twenty-one years, who 
shall have been a resident of the state one year 
next preceding the election, and of the county in 
which he or she claims his or her vote ninety days, 
and in the election precinct thirty days, and who 
has conformed to the law governing the registra¬ 
tion of voters, shall be a qualified elector at any 
and all elections held within the county, city and 
county, city, town, or district within which such 
elector resides 

Signing of Papers—Comparison of Signatures 

1083a. Wherever, by the constitution or laves of 
this state, any initiative, referendum, recall or 
nominating petition or paper, or any petition or 
paper, is required to be signed by qualified elect¬ 
ors, only an elector who is a registered qualified 
elector at the time he signs such petition or 
paper shall be entitled to sign the same, and no 
elector shall he entitled to sign any such petition 
or paper on or after the first day of January of an 
even-numbered year unless he shall, on or since 
said first day of January, have made an affidavit 


Residence 
in State 
County 
Precinct 


Who can 
Sign 

Petitions 
and Papers 


272 


CALIFORNIA ELECTION LAWS 


Comparing 

Signatures 

with 

Affidavit of 
Registration 


Compensa¬ 
tion of 
Extra Help 


Not 

Eligible 


New 

Registra¬ 
tion every 
Even Year 


When no 
Registration 

Transfers 


of registration as required by law. Such signer 
shall at the time of so signing such petition or 
paper affix thereto the date of such signing. 
Wherever, by the constitution or laws of this state, 
the county clerk or registrar of voters is re¬ 
quired to determine from the records of registra¬ 
tion what number of qualified electors have signed 
such petition or paper, he shall determine that 
fact with respect to the purported signature of 
any person from the affidavit of registration, and 
records relating thereto, current and in effect at 
the date of such signing of such petition or paper. 

Employment of Additional Help 

1083b. Whenever the county clerk or registrar 
of voters is required by law to examine the sig¬ 
natures upon any nomination paper or petition 
of any candidate for a municipal office, he is hereby 
empowered to employ the necessary help for 
said examination to be paid by such municipality 
a sum not to exceed three dollars per day for each 
person so employed in such examination. 

Non-Eligibility of Elector 

1084. No native of China, no idiot, insane per¬ 
son, or person convicted of any infamous crime, 
and no person hereafter convicted of the embez¬ 
zlement or misappropriation of public money, 

Tshall ever exercise the privileges of an elector. 
* * * * 

REGISTRATION OF VOTERS 

Time of Registration — Transfers—Cancellation— 
List of Lodgers 

1094. There shall be, commencing January 1st, 
1918, and every two years thereafter, except .as 
hereinafter provided, in each county and city and 
county of the state, a new and complete regis¬ 
tration of the voters of such county or city and 
county, who are entitled thereto. Such registra¬ 
tion shall be in progress at all times except dur¬ 
ing the thirty days immediately preceding any 
election, when it shall cease for such election as 
to electors residing in the territory within which 
such election is to be held; and transfers of regis¬ 
tration for such election may be made from one 


CALIFOKNIA ELECTION LAWS 


273 


precinct to another precinct in the same county 
or city and county at any time when such regis¬ 
tration shall be in progress in the precinct to 
which the elector seeks to transfer; provided, 
that where any general or special municipal elec¬ 
tion, or any other special election, including any 
primary election and all special elections to vote 
for officers, or upon or for or against any propo¬ 
sition or question authorized to be submitted to a 
vote, is held on or after the first day of Janu¬ 
ary, and before the first day of April of any 
even-numbered year, the original affidavits of 
registration and indexes used in the last general 
state election in any county or city and county 
in this state, together with the original affidavits 
of registration, since the last election, and supple¬ 
mental indexes, showing all additional registra¬ 
tions, changes and corrections made since the reg¬ 
istration for the last general election, completed 
to and including the thirty-first day prior to said 
election then being held, may be used at such 
election to determine the persons entitled to vote 
thereat. All affidavits of registration made prior 
to the first day of January of any even-numbered 
year shall be deemed canceled upon said day ex¬ 
cept for the sole purpose of being used as herein¬ 
before stated at elections held thereafter and be¬ 
fore the first day of April of that year, and shall 
on said Jast mentioned day be deemed cancelled 
for all purposes. The board having charge and 
control of elections in each county or city and 
county, may provide by resolution, for the regis¬ 
tration of voters in their r-espective precincts, by 
the officer charged with the registration of voters, 
and may also provide by resolution for the regis¬ 
tration of voters at specified times and places, 
other than the office of the county clerk or regis¬ 
trar of voters, deemed most convenient to large 
numbers of voters, without reference to respective 
or particular precincts, in such a manner that the 
affidavits of registration as provided by law may 
be taken at such time and place, of any voter 
within the county who is entitled to register there 
in; provided, however, that in any city and county 
no registration outside of the main office of the 


Register 
used in 
Elections 
before 
April 1st of 
Even Years 


When Old 
Affidavits 
Cancelled 


Special 
Places for 
Registration 


274 


CALIFORNIA ELECTION LAWS 


Lists of 
Ledgers 


Blanks 


False List 
a Misde¬ 
meanor 


Certified 
List for 
Challenges 


Definition 


officer charged with the registration of voters 
shall be had except that which is without refer¬ 
ence to particular precincts as last specified here¬ 
in; and provided, also, that any registration which 
may be made at the main office for registration in 
any such city and county may be made and taken 
in any place in said city and county in such man¬ 
ner as may be provided by rules and regulations 
made by the board having control of registration 
in any such city and county. Upon the written 
request of the officer charged with the registra¬ 
tion of voters, which request said officer shall 
make u^ton petition from any ten electors of the 
county, such petition to specify the premises from 
which lists are desired, every landlord or keeper 
of premises where lodgers abide,' shall furnish 
said officer a list of all lodgers occupying rooms, 
or sleeping apartments, or beds in the premises 
under his or her or its control. Such list shall be 
furnished upon blanks provided by said officer. Any 
landlord or keeper of premises where lodgers abide, 
who neglects or refuses to comply promptly with 
the provisions of this section or who furnishes a 
false list of such lodgers, shall be guilty of a 
misdemeanor. All lists so returned shall be kept 
on file in the office of the officer receiving same, 
open to public inspection. It shall be the duty of 
said officer to compile a list of such persons, if 
there are any, who are registered as residing in 
any of these premises and whose names are not 
returned in the lists furnished by the landlord 
or keeper thereof. At least three days before the 
date of the next succeeding election, in any pre¬ 
cinct Avhere such premises are located, said officer 
shall send by registered mail to the inspector of 
election in said precinct a certified copy of the list 
he has thus prepared, with instructions to chal¬ 
lenge the vote of each and all such persons if 
offered at the election, under subdivision 5 of 
section 1230 of the Political Code. Whenever in 
the laws of this state the word 11 register’’ or 
“great register 77 is used with relation to elec¬ 
tions, it shall be deemed to mean and include the 
relative and proper affidavits of registration, or 


CALIFORNIA ELECTION LAWS 275 

both thereof, prepared and bound by the county 
1 clerk or registrar of voters. 

Entries Mandatory 

1095. In the affidavits of registration the clerk 
i must, as hereinafter provided, enter in duplicate 
the names of the qualified electors of the county, 
i and the provisions of section 1096 of this Code are 
hereby declared to be mandatory. Any officer 
I charged with the registration of voters who neglects 
i or refuses to make all the entries provided for in 
section 1096 of the Political Code, or neglects or 
I refuses to take the oath of the voter applying to 
I him for registration in respect to the same, shall, 

; upon conviction, be deemed guilty of a misdemeanor 
for each and every such omission. 

i Original and Duplicate Affidavits, Distribution and 
Responsibility 

1095a. The clerk, or other person charged with 
the registration of voters, must provide blank 
j forms for the affidavits of registration, which 
i forms shall be bound together in books or pads 
li of one hundred sheets each, and consist of origi- 
, nals and duplicates. Each original shall be at- 
! tached to a stub by a perforated line, and each 
| original and duplicate shall bear a distinctive 
number, which shall be in addition to the regis¬ 
tration number of the voter. Said number shall 
appear on the original and duplicate sheet, and 
also on the stub to which they are attached, and 
the numbering shall begin with 1 and continue in 
a sequence until all of the blanks provided shall 
be numbered. The numbering shall begin anew 
with new registration. The stubs shall contain a 
line for the name and spaces for the address and 
precinct of the person registered. Each deputy 
clerk, deputy registrar, or registration clerk shall 
receipt to the clerk or registrar for all books or 
pads issued to him, specifying the numbers of the 
affidavits received by him, and he shall be charged 
with the same until he returns and files the same. 
When an elector is registered, his name, address, 
and precinct shall be noted on the stub attached 
to the original, and if for any cause the affidavit 


Section 

1096 

Mandatory 


When Mis 
demeanor 


County 

Clerk 

Provides 

Affidavits 


N umbering 
of Affidavits 


Charged to 
Deputies 





276 


CALIFORNIA ELECTION LAWS 


When 

Spoiled 


Return of 
Affidavits 


When 
Deputies 
do not 
Comply 
with Law 


Age and 
Residence 


Name 


Residence 


is spoiled in the course of making it out, or a 
mistake therein is made, the same must not be re¬ 
moved from the pad, or book, but the name of the 
elector for whom it was intended, with his address 
and precinct must be entered on the stub, as in 
other cases, and the stubs and affidavits each 
marked with the word “ spoiled ’ 1 in red ink. 
When the registration for any election is closed, all 
deputies or registration clerks must, immediately 
thereafter, return all affidavits of registration, and 
all books or pads in their possession containing 
stubs, spoiled, or unused affidavit blanks; and 
within ten days after the close of suck registration 
the clerk, or registrar of voters must report to the 
district attorney of the county, or city and county, 
under oath, the names of his deputies, if any, 
who have not complied with the provisions of this 
section; and it shall be the duty of the district 
attorney to forthwith begin a criminal prosecution 
against such deputies or registration clerks as shall 
not have complied with the provisions of this sec¬ 
tion. Any deputy, or person having charge of 
affidavits of registration, who shall wilfully, or by 
gross carelessness, neglect, fail, or refuse to com¬ 
ply with the provisions of this section shall be 
guilty of a misdemeanor. 

Contents of Affidavits of Registration 
What Entries Shall Be Made 

1096. The affiant making the affidavit of regis¬ 
tration must be at least twenty-one years of age 
at the next succeeding election, a citizen of the 
United States ninety days prior to such election; 
a resident of the state one year, of the county 
ninety days and of the precinct thirty days, next 
preceding such election and the affidavit must 
show such facts. It shall also show: 

1. The name at length, including Christian or 
given name, and middle name, or initial, if any, 
said Christian or given name, if the name of a 
woman, to be preceded in all cases by the desig¬ 
nation of Miss or Mrs., as the case may be. 

2. The place of residence and post office ad¬ 
dress with sufficient particularity to identify the 


CALIFORNIA ELECTION LAWS 277 

same and determine therefrom the voting precinct 
j of such affiant. 

If the elector be not the proprietor or head of 
the house, or the wife or husband of such proprie¬ 
tor, then it must show upon what floor thereof, and 
what room such elector occupies in such house. 

3. The occupation of affiant. 

4. The height of affiant in feet and inches. 

5. The country or state of nativity of affiant. 

(5. If foreign born, how citizenship was acquired; 

j whether by citizenship of father, by provisions of 
a treaty or act of congress, by order of a court 
j of naturalization, by marriage to a citizen, by nat- 
t uralization of a parent or husband, or otherwise, 
t The date or year when, and the place or statp where 
affiant became a citizen, shall be shown, except 
in the case of citizenship acquired by citizenship 
or naturalization of parents, by treaty, or by act 
of congress. When citizenship depends upon the 
I citizenship or naturalization of parent or husband 
the name of such parent or husband shall appear. 

7. The fact whether or not the elector desiring 
to be registered is able to read the constitution 
in the English language and to write his or her 
name, and whether or not the elector has any 
physical disability, by reason of which he or she 
can not mark the ballot; and if he or she cannot 
mark the ballot by reason of physical disability, 
then the nature of such disability must be 
entered. The affiant, if able to write, shall 
sign such affidavits with his or her customary sig¬ 
nature and the county clerk or registrar before 
whom such affidavit is made shall insert therein 
the date of such affidavit, which shall be the date 
of the jurat. The affiant may state in such affi¬ 
davit the name of any political party or organiza¬ 
tion with which he intends to affiliate at the ensu¬ 
ing primary election, whether or not such party 
or organization is a party or organization qualified, 
at the time of such registration, to participate in 
such primary election according to the provisions 
of the direct primary law. 

Statement of Party Affiliation 

1096a. At the time of registering and of trans- 


Additional 

Data 


Citizenship 


Any 

Disability 


Signature 


May state 

Party 

Affiliation 




278 


CALIFORNIA ELECTION LAWS 


Stating 

Party 

Affiliation 


When 
Declining 
to State 


When 
No Vote 
at Primary 


bhange of 
Affiliation 


Affidavit 
of Change 


Form 


ferring registration, in all places where the pri¬ 
mary election law is in force, each elector shall 
declare the name of the political party with which 
he intends to affiliate at the ensuing primary 
election or elections, and the name of such politi¬ 
cal party shall be stated in the affidavit of regis¬ 
tration and the index thereto. If the elector de¬ 
clines to state the fact, the fact of such declina¬ 
tion shall likewise be stated and no person shall 
be entitled to vote the ticket of any political 
party at any primary election, by virtue of such 
registration, unless *he has stated the name of the 
political party with which he intends to affiliate 
at the time of such registration. Nor shall he be 
permitted to vote on behalf of any party or for 
delegates to the convention of any party other 
than the party so designated in the registration. 


Change of Affiliation—Procedure 

In case any elector shall have declined to des¬ 
ignate or shall have changed his political affilia¬ 
tion prior to the close of registration for primary 
elections he is entitled to have such change re¬ 
corded prior to the close of said registration upon 
application to the county clerk or registrar of 
voters as hereinafter provided. In case any elector 
shall have declined to designate or shall have 
changed his political affiliations prior to the close 
of registration, he may appear in person before 
the county clerk or registrar of voters, or any 
registration deputy of said county clerk or regis¬ 
trar of voters, and make affidavit substantially in 
the following form: 


State of California, 
County of. 


} 


ss 


., being duly sworn, deposes 

and says that he is registered on the great register 

of the said county of.as a. 

(insert former party affiliation, or that he had de¬ 
clined to designate his party affiliation); that 
since the date of such registration he has changed 
his political views and in good faith declares his 
affiliation with...party. 







CALIFORNIA ELECTION LAWS 


279 


Subscribed and sworn to before me, this.. 

day of.19. 

The county clerk or registrar of voters shall take 
such affidavit without charge and shall file the 
same. 

Method of Registration 

1097. Subdivision 1. No person shall be regis¬ 
tered as an elector except by affidavit of registra¬ 
tion. Such affidavit must be made before the 
county clerk or officer charged with the registra¬ 
tion of voters, or tlieir deputy or registration clerk 
and shall set forth all the facts required to be 
shown in sections 1096 and 1097 of the Political 
Code. If an elector is absent from the county in 
which he or she claims residence, he or she may ap¬ 
pear before any judge or clerk of any court of rec¬ 
ord, or notary public, or if in a foreign country, be¬ 
fore any minister, consul, or vice consul of the 
United States, and may make and subscribe an 
affidavit as to his or her residence, specifying in 
what ward or precinct he or she claims residence; 
that he or she will be necessarily and unavoidably 
absent from said county, or city and county, on all 
the days allowed by law for general registration 
of electors, and setting forth in such affidavit 
each and all the matters required by sections 1096 
and 1097 of the Political Code of the State 
of California, and forward such affidavit, in dupli¬ 
cate, duly authenticated as above, by mail, en¬ 
closed in an envelope addressed to the county 
clerk of any county, or the registrar of voters in 
any county or city and county in which he or she 
claims to be an elector. Upon receipt of such affi¬ 
davit by such clerk or registrar of voters within 
the time allowed by law for registration, the said 
affidavit shall be entered and bound by the clerk 
in the proper register in such precinct. 

Registering Foreign Born 

Sub. 2. No foreign born person shall be regis¬ 
tered unless: 

a. If a naturalized citizen, upon the production 
of his or her certificate of naturalization or upon 
the production of a certificate of registration in 


How 

Registered 


Sections 
1096 , 1097 
Apply 

Affidavit 

When 

Absent 


Duplicate 
Affidavits 
to County 
Clerk 


Duty of 
Clerk 





280 


CALIFORNIA ELECTION LAWS 


Naturalized 

Citizen 


Parent's 

Citizenship 


Parent’s 

Natural¬ 

ization 


Citizen by 
Marriage 


Additional 
Data on 
Registration 
Affidavit 


the county of his or her last residence in the state, 
showing the date and place of naturalization, or 
upon his or her affidavit stating date and place of 
naturalization; provided, that any person regis¬ 
tering for the first time in the state must produce 
his or her certificate of naturalization. 

b. If a citizen by virtue of his or her father 
being a citizen at the time of his or her birth, 
upon his or her sworn statement that his or her 
father was a citizen of the United States at the 
time of his or her birth and has been a resident 
thereof. Such statement need not be noted in full 
upon the affidavit of registration, but the words 
“I acquired citizenship by the citizenship of my 
father (naming him)” shall be sufficient. 

c. If a citizen by virtue of the naturalization 
of his or her parent, upon his or her affidavit that 
he or she became a citizen by such naturalization 
of his or her parent, naming such parent, that 
such naturalization took place during his or her 
minority and that he or she began to reside per¬ 
manently in the United States while such minor 
child. Such statement need not be noted in full 
upon the affidavit, but the words “I acquired 
citizenship by my father’s (or mother’s) natur¬ 
alization” as the case may be, naming him or her, 
shall be sufficient. 

d. If a citizen by virtue of marriage to a citi¬ 
zen, the date and place of such marriage shall be 
entered upon the affidavit of registration together 
with the name of the husband. 

e. If a citizen by virtue of the naturalization 
of her husband the date or year and place of such 
naturalization together with the name of the hus¬ 
band shall be entered. 

Additional Information on Affidavit 

Sub. 3. In every case the affidavit of the party 
must show all the facts required to be stated. The 
clerk or registrar of voters may cause to be writ¬ 
ten or painted upon the margin of the affidavit, 
in addition to any matter hereinafter provided for, 
all such words as are deemed necessary or con¬ 
venient for the purpose of designating the pre¬ 
cinct, district or political subdivision for which 


CALIFORNIA ELECTION LAWS 


281 


such affidavit is taken, or deemed necessary or 
convenient to indicate any removal or transfer of 
registration, and also any date or memorandum 
deemed necessary or convenient to indicate the 
number of the ballot voted by an elector as pro¬ 
vided by section 1204 of the Political Code, or 
any other reasonable memoranda deemed neces- 
I sary or convenient for the purpose of enabling 
j such clerk or registrar of voters to perform his 
I duties in the assorting or classification or handling 
" of such affidavits with correctness and dispatch. 
! Wherever in the following form of affidavit the 
; word “county” is inserted, if the affidavit is for 
j use in a city and county, such last mentioned words 
| may be printed or written in lieu of said words 
‘ 1 county. ’ ’ In connection with the place of resi¬ 
dence the affidavit may have printed either the 
I word “precinct,” or the word “street,” or the 
word “avenue,” or any or all of such words as the 
clerk or registrar of voters shall deem most con¬ 
venient in practical use for the territory in which 
such affidavits are to be used. In designating the 
residence of the voter or the post office address 
it shall not be necessary in either case to repeat 
the county or city and county or state where the 
name of said county or city and county or state 
previously appear. In connection with the state¬ 
ment regarding the citizenship of the affiant the 
affidavit may have printed in brackets statements 
of the various methods of acquiring citizenship, 
and it shall be sufficient to underline, or otherwise 
mark, with pen and ink, or indelible pencil, that 
statement applicable to the particular affiant. The 
words printed in the body of the affidavit, which 
by reason of statements of the voter are not ap¬ 
plicable to such registration, shall not be deemed 
a portion of such affidavit of registration. The 
lines to indicate the separation between the mar¬ 
gin of the affidavit of registration and the said 
margin shall be at the top and on the right 
side of such affidavit, and may be double or 
single lines in the discretion of the clerk or regis¬ 
trar of voters of the county or city and county or 
territory for which the affidavit is to be used. The 
affidavit shall be printed in horizontal lines. Wher- 


Ballot 

Number 


When 
City and 
County 


Citizenship 




282 


CALIFORNIA ELECTION LAWS 


Lines 
One-third 
inch apart 

Numbering 

Statements 


Size 


Indelible 
Pencil or 
Pen and 
Ink used 


Size Type 


ever any blank space is left in any line for the 
entry of any matter the lines shall not be less 
than one third of an inch apart vertically. Com¬ 
mencing with the first statement of the affidavit 
proper each statement shall be numbered immedi¬ 
ately at the left of such statement in a numeri¬ 
cal sequence, the first statement commencing with 
No. 1, and so on to the end, but the jurat and 
space for the signature of the voter need not be 
numbered. The horizontal width of the affidavit, 
separate from any and all margin, shall not be 
less than seven inches, and the margin upon all 
sides and at top and bottom shall be of such 
width as may be determined by the clerk or the 
registrar of voters. The words “ Affidavit of Reg¬ 
istration” shall be not less than twenty-four point 
blackface type. Pen and ink or indelible pencil 
must be used in making the portions of the affi¬ 
davit which are not printed. The matter in the 
body of the affidavit, where the size of type is 
not otherwise specified, shall be not less than ten 
point plain faced type, save that words inserted 
in parentheses, which are for the information or 
instruction of the deputies or registration clerks, 
may be in smaller type, at the discretion of the 
county clerk or registrar of voters. Subject to 
the foregoing provisions the body of said affidavit 
shall be substantially in the following form: 


STATEMENT OF TRANSFER OR CHANGE OF NAME. 


I am registered under the name of. 

..from the following precinct or address 

• ^.in this county; 

(or in.county, and I hereby 

authorize the cancellation of my last previous registration in said 


NAME OR NUMBER OF PRECINCT. 


county). 


i 


State of California 
) County of ( 


) 


u. 


AFFIDAVIT OF REGISTRATION. 




The undersigned affiant, being duly sworn, says: I will be at least twenty-one years of age at the time of 
the next succeeding election, a citizen of the United States ninety days prior thereto, and a resident of the 
state one year, of the county ninety days, and of the precinct thirty days next preceding such election, and 
will be an elector of this county at the next succeeding election. ^ 

* 

1. I have not (have) registered from any other precinct in the state since January 1, 1916.* 

(Mark out words "have not” or "have” as the case may be, and if applicant has so previously registered, or has previously regis 
tered under another name, fill out the appropriate blanks at the top of the affidavit, under "statement of transfer or change of uanic") 

t 

My full name is... 

(Including Christian or given name, and middle name or initial, and in the case of women, the prefix Miss or Mrs.) 

3. My residence is.... 

between.and. * .streets.floor, room. 

Post-office address at.. 

4. My occupation is. 

5. My height is.. 

6. I was born in. 


feet...inches 


7. I acquired citizenship by 

(Underline method of acquiring 
citizenship.) 


a. Decree of court. 

b. Father's naturalization. 

c. Citizenship of father. 


(State or country.) 

d. Marriage to a citizen. 

e. Naturalization of my husband. 

f. Act of congress, g. By treaty. 


(when).(where) 

. My husband*’s P 3mC 53 (' V8S ) 


(To be filled out when citizenship depends on citizenship or naturalization of parent or husband.) 

8. I can.read the constitution in the English language; I can.write my name: I am entitled to 


vote by reason of having been on November 6, 1894: 


a. An elector. 

b. More than sixty years of age. 


I can.mark my ballot by reason of 


(State physical disability, if any.) 


9. I intend to affiliate at the ensuing primary election with the .Party. 

(If affiliation is not given, write or stamp “Declines to State.**) 

Subscribed and sworn to before me this 


day of.1916 


(Affiant sign h«Te.) 


County clerk (or registrar of voters). 

Or the year when registration commenced. 




































284 


CALIFORNIA ELECTION LAWS 


Change of 
Surname 


Cancellation 
of Regis¬ 
tration 


Court 

Judgment 


Affidavits 
Kept Five 
Years 

Duty of 
Board 

Affidavits 
Form Great 
Register 


Change of Name by Marriage 

Sub. 4. Whenever any elector, between the time 
of her last registration and the time for the clos¬ 
ing of registration for any given election in the 
same county or city and county, shall have law¬ 
fully changed her surname by a change or as¬ 
sumption of marital relations she shall be entitled 
to reregister under her new or changed name, 
upon an additional statement made at the time of 
such reregistration, giving the name under which 
she was so last registered in said county or city 
and county, and the residence given and contained 
in said last affidavit of registration which addi¬ 
tional .statement shall be printed or written upon 
the margin of such affidavit or reregistration be¬ 
fore the said affidavit is signed, and shall be 
deemed a part thereof. Upon such reregistration 
the last previous registration of such elector shall 
be cancelled. And in case any elector shall re¬ 
register or transfer his or her registration from 
one precinct to another the former address or pre¬ 
cinct shall be noted in the margin of such affi¬ 
davit, and the former registration shall thereupon 
be cancelled. 

Registration Otherwise Than as Above 

Sub. 5. No person shall be registered except as 
above provided unless upon the production and 
filing of a certified copy of the judgment of the 
superior court directing such entry to be made. 
* * * * 

Length of Time Affidavits Preserved 

1103. The person charged with the registration 
of voters in each county or city and county must 
preserve all affidavits made before himself or his 
deputies for the purpose of procuring registration 
for at least five years, and until the" board of su¬ 
pervisors shall order them to be destroyed. The 
affidavits shall constitute the register required to 
be kept by the provisions of this chapter and the 
person charged with the registration of voters 
shall not copy the facts shown by the affidavits 
as part of his official duties. All provisions of law 
in conflict herewith are hereby repealed. 


CALIFORNIA FLECTION LAWS 


285 


Registration Cancelled Before Re-Registration 

1104. No person must cause himself to be reg¬ 
istered or enrolled in one county when his regis¬ 
tration in another remains uncancelled; provided, 
however, that any such person who is registered in 
one county may, if otherwise legally qualified, 
cause himself to be registered in another county 
in which he may then reside, at any time before 
the closing of registration for any election, by 
executing an affidavit of cancellation and deliver¬ 
ing the same to the officer taking such new regis¬ 
tration. It shall be the duty of the county clerk 
to at once forward such affidavit of cancellation 
to the county clerk of the county in which such 
old registration is still uncancelled, and upon re¬ 
ceipt of such affidavit such former registration 
must be forthwith canceled. 

How Cancelled 

1105. Cancellation is made by writing or stamp¬ 
ing on the affidavit of registration the word 11 Can¬ 
celled, ” the reason therefor, and the date of such 
cancellation. In addition to the cancellation pro¬ 
vided for in section 1106 and elsewhere in this code, 
whenever an elector transfers his registration from 
one precinct to another precinct in the same county, 
or reregisters in such other precinct as shown by the 
new affidavit of registration, the county clerk must 
immediately cancel both the original and the 
duplicate affidavit of registration from the for¬ 
mer precinct, and remove them from their re¬ 
spective books or files provided for in section 
1113 of this code; and whenever an elector 
removes from one county to another county and 
registers in such other county, the county clerk in 
the former county of registration, upon being in¬ 
formed of such removal, either by the elector per¬ 
sonally or through the _ provisions of section 
1104 of this code, must likewise cancel and 
remove both the original and the duplicate 
affidavits of registration in such county. All can- 
reled affidavits of registration must be preserved 
by the county clerk until the first day of 
April of the next even-numbered year. The county 
clerk in distributing to each precinct the five in- 


Affidavit of 
Cancellation 


Cancellation 

and 

Removal of 

Registration 

Affidavits 


Cancellation 

and 

Removal 


How long 
Preserved 


286 


CALIFORNIA ELECTION LAWS 


Indexes 


» 


Request 

Death or 
Removal 

I nsanity 

Conviction 
of Crime 


Copy of 
Judgment 

Death or 
Removal 

No Vote for 
Two Years 


Register of 
Deaths 


Judge's 
Certificate 
Affecting 
Insane or 
Incompetent 


Clerk’s 
Examination 
of Court 
Records 


dexes of registration, as required in section 1116 of 
this code, shall cross out of such indexes the names 
of all electors whose affidavits of registration from 
such precinct have been thus canceled. 

When Cancellation is Mandatory 

1106. The clerk must cancel the entry in the 
following cases: 

1. At the request of the party registered. 

2. When he knows of the death or removal of 
the person registered. 

3. When the insanity of the person registered 
is legally established. 

4. Upon the production of a certified copy of 
a judgment of the conviction of any elector of any 
infamous crime, or of the embezzlement or mis- 
appropriation of any public money, in full force 
against the person registered, upon information of 
such conviction obtained as hereinafter provided. 

5. Upon the production of a certified copy of 
a judgment directing the cancellation to be made. 

6. Upon a certificate of the Board of Election 
of any precinct, sent up with the election returns, 
stating the death or removal, within their own 
knowledge, of the person registered. 

7. When it appears by the returns made by the 
Board and Clerks of Election that the respective 
party did not vote during the next preceding two 
years at any general or special election. 

8. The clerk shall cancel upon the Great Regis¬ 
ter every name found thereon which is found upon 
the register of deaths, provided for by law. 

9. Every judge before whom proceedings were 
had which result in any person being declared in¬ 
capable of taking care of himself and managing 
his property, and for whom a guardian of his per¬ 
son and estate is accordingly appointed, or which 
result in such person being committed to a State 
Insane Asylum as an insane person, shall file with 
the County Clerk a certificate of that fact, and 
thereupon the clerk shall cancel the name of such 
person upon the Great Register, if found thereon. 

10. The County Clerk shall also, in the first 
week of September, in each year, examine the 
records of the Courts having jurisdiction in case of 



CALIFORNIA ELECTION LAWS 


287 


infamous crimes and the embezzlement or misap¬ 
propriation of public money within his county and 
cancel upon the Great Register the names of all 
persons appearing thereon who shall have been 
convicted of an infamous crime or of the em¬ 
bezzlement or misappropriation of public money m 
such Court, and which conviction shall have been 
carried into effect. 

Crime Cause for Cancellation 

1106a. In any county or city and county where 
there shall be a registrar of voters, the county 
clerk of such county or city and county shall fur¬ 
nish to such registrar of voters before the first 
day of September of each year, a statement taken 
from the records of the courts having jurisdiction 
in cases of infamous crimes and the embezzlement 
or misappropriation of public moneys within his 
county, showing the names of all persons appear¬ 
ing from such records to have been convicted of 
an infamous crime, or of the embezzlement or mis¬ 
appropriation of public money, in such court dur¬ 
ing the year prior to such first day of September, 
and which conviction shall have been carried into 
effect, and such registrar of voters shall thereupon 
during the first week of September in each year, 
cancel the affidavits of registration of such per¬ 
sons. The county clerk shall certify the said 
statement under the seal of his office. 

Certified Copy Must be Supplied 

1107. Upon the application of the party, in 
person or in writing, the clerk must give him or 
his agent a certified copy of the entries upon the 
Great Register relating to such party. 

Court Order to Compel Registration 

1108. If the clerk refuses to register any quali¬ 
fied elector in the county, such elector may proceed 
by action in the superior court to compel such reg¬ 
istration. 

Procedure to Cancel Registration 

1109. Any person may proceed by action in the 
superior court to compel the clerk to cancel any 
registration made illegally, or that ought to be 


Clerk’s 
Statement 
to Registrar 


Cancellation 
of Affidavits 
by Registrar 


Certified 

Copies 


Court 

Action 

Court 
Action 
to Compel 
Cancellation 


2S8 


CALIFORNIA ELECTION LAWS 


Any 

Number of 
Persons 


Any 

Number of 
Persons 


Costs not 
Recoverable 


Arrange¬ 
ment 
Alpha¬ 
betically 
by Precinct. 

Bound 
in Books 


Duplicates 
Filed 
Alpha¬ 
betically 
by County 


canceled by reason of facts that have occurred 
subsequent to the time of such registration; but 
if the person whose name is sought to be cancelled 
be not a party to the action, the court may order 
him to be made a party defendant. 

Who May Be Plaintiffs 

1110. In an action under the authority of sec¬ 
tion 1108, as many persons may join as plaintiffs 
as have causes of action. 

Who May Be Defendants 

1111. In an action under the authority of sec¬ 
tion 1109, the clerk and as many persons as there 
are causes of action against may be joined as de¬ 
fendants. 

Clerk Not Responsible for Costs—Exception 

1112. Costs cannot be recovered against the 
clerk in any action under the authority of this 
chapter, unless it is alleged in the complaint, and 
established on the trial, that the clerk knowingly 
and willfully violated a plain duty. 

Arrangement and Binding of Registration Affidavits 

1113. Within five days after the last day of 
registration for any election the clerk shall ar¬ 
range the affidavits of registration for each pre¬ 
cinct in which such election- is to be held, alpha¬ 
betically by surnames, number them, beginning 
with number 1 in each precinct, and bind the 
same into books by fastening the left-hand edges 
together with a staple, cord or other suitable ma¬ 
terial. Each book shall have stated on the out¬ 
side thereof the name or number of a precinct 
and shall contain all, and only, the affidavits of 
registration of the electors residing within that 
precinct. The duplicate affidavits for the whole 
of each county shall, as fast as the registration 
progresses, be filed alphabetically without regard 
to precinct. In the case of duplicate affidavits this 
alphabetical arrangement shall be exact; and in 
the case of affidavits having the same surname 
such arrangement shall extend to the given or Chris¬ 
tian name, and, where necessary, to the middle 
name or initial. 

* * * * 


CALIFORNIA ELECTION LAWS 


289 


Indexes to Registration Affidavits, Quantities 

1115. Within five days after the binding of said 
books by precincts the clerk shall prepare an index 
of each book, said index to contain the numbers, 
names, occupations and addresses, as they appear 
in said books. Such names shall include Christian 
or given names, the middle name or initial, if any; 
and, if the name be that of a woman, the Chris¬ 
tian name shall be preceded by the designation 
of 11 Miss ’ , or “Mrs.,” as the case may be. The 
clerk shall have at least forty copies of said in¬ 
dex printed for the use of said county, and he 
shall have printed and shall furnish to the munici¬ 
palities within said county, such additional num¬ 
ber of copies thereof, not exceeding twenty, as 
the governing body of such municipalities shall by 
resolution require. The county clerk shall furnish 
upon written or oral demand of every candidate, 
who is to be voted for in said county, city, or city 
and county or any political subdivision of said 
county, city, or city and county, or upon written 
demand of his campaign committee, one copy of a 
printed index of the registration, for such pri¬ 
mary and general elections in which said candi¬ 
date will participate, at a cost of fifty cents per 
thousand names. All such moneys collected shall 
be deposited in the county treasury, to the credit 
of the general fund. The number of copies of said 
index necessary to be printed shall apply only to 
the index prepared for use at general elections. 
In counties where indexes are prepared for pri¬ 
mary elections, a smaller number of such indexes 
may be printed. The clerk shall have bound to¬ 
gether in one or more volumes, a general index of 
said books arranged alphabetically by precincts, 
and shall keep at least one copy of said general 
index in his office for public reference. He shall 
also transmit one copy of said general index to 
the state librarian at Sacramento. (Approved May 
19, 1919.) 

Distribution of Indexes 

1116. The clerk must before the day of elec¬ 
tion, transmit and cause to be delivered to the 


Indexes 
to Books 


Forty 
Copies 
of each 
Index 

Twenty 
or Less to 
each City 


Cost of 
Indexes to 
Candidates 


Primary 

Indexes 

Bound 

General 

Index 




290 


CALIFORNIA ELECTION LAWS 


Book of 
Affidavits 
and Five 
Indexes to 
Precinct 


When an 
Elector 


Continued 

Residence 


Sections 
1094,1096, 
1097 Apply 


Board of Election in each precinct, one of such 
books of affidavits of registration for their re¬ 
spective precinct, which shall constitute the regis¬ 
ter to be used at such election; he shall also cause 
to be delivered at the same time five copies of the 
index to said book. 

Proof of Voter’s Eligibility 

1117. A certified copy of an uncancelled affi¬ 
davit of registration is prima facie evidence that 
the person named in the entry is an elector of 
the county. 

* * * * 

Qualifications of Voters 

1120. All persons shall be entitled to vote at 
the elections mentioned in section 1044 of this 
code, who come within the terms or comply with 
the requirements of this section. 

Registers to be Used—Sections Affected 

1. Every person who was a qualified elector at 
the general state election immediately preceding 
the holding of any of the elections mentioned in 
section 1044 of this code, and who was registered 
as required by law as a qualified elector of any 
one of the precincts which together compose the 
special election or consolidated election precincts, 
and who continues to reside within the exterior 
boundaries of such special election or consolidated 
election precinct, until the time of holding of 
the election provided for and held under said sec¬ 
tion 1044, shall be entitled to vote at said election, 
without other or additional registration except as 
provided in the second paragraph of this section. 
All other persons, in order to be entitled to vote 
at any of the elections provided for in said section 
1044, must be registered in the manner required 
by sections 1094, 1096 and 1097 of this code, as an 
elector of and within one of the precincts which 
compose the special election or consolidated pre¬ 
cinct wherein he claims to be entitled to vote. 
Such registration must be made and had in ac¬ 
cordance with the provisions of sections 1094, 
1096 and 1097 of the Political Code; provided, 


CALIFORNIA ELECTION LAWS 


291 


that such registration shall be in progress at all 
times except during the thirty days immediately 
preceding any such municipal or special election 
held under said section 1044 of this code. 

Time Registered 

2. When any of the elections mentioned in sec¬ 
tion 1044 of this code is held on or after the first 
day of April of an even-numbered year, any per¬ 
son to be entitled to vote at such election must 
have been registered since the opening of regis¬ 
tration for such even-numbered year in the man¬ 
ner required by sections 1094, 1096 and 1097 of 
this code as an elector of and within one of the 
precincts 'which compose the special election or 
consolidated precinct wherein he claims to be en¬ 
titled to vote. 

Certain Register Used 

1121. The register used at each special election 
or consolidated election precinct, at the elections 
provided for in section 1044 of this code, pro¬ 
vided, such elections are not held on or after the 
first day in April in any even-numbered year, shall 
consist of the original affidavits of registration for 
the territory constituting such special election or 
consolidated election precinct, at the last general 
state election immediately preceding the holding 
of the election provided for in said Section 1044, to¬ 
gether with a supplement or supplements showing 
the additional names of the persons who by regis¬ 
tration have since such general state election be¬ 
come entitled to vote at any of the elections to be 
held in such precinct, under said section 1044 of 
this code. In the event that precinct registers 
were used at the last preceding general state elec¬ 
tion, then it shall be the duty of the county clerk 
or person clothed with the authority for the regis¬ 
tration of voters, to furnish such original affidavits 
of registration with the supplements aforesaid, for 
each of the special election or consolidated pre¬ 
cincts, to the boards of election, respectively, in 
and for each such election precinct. No person 
shall be entitled to vote at any such election pro¬ 
vided for in said section 1044 of this code, unless 


New 

Registration 

Used 


Old 

Affidavits 

Used 


Supplements 




292 


CALIFORNIA ELECTION LAWS 


New 

Affidavits 

Used 


Under 

200,000 

Electors 


How 

Clerk and 

Surveyor 

Prepare 

Precinct 

Maps 

When 
and Where 
Filed 


200 Voters 
to Precinct 

When 

Order 

Adopted 


his name is registered by such original affidavit 
of registration, in the precinct within the exterior 
boundaries of the election precinct, or unless, ac- « 
cording to the Constitution and laws of this state, 
he is entitled to vote thereat. If any election 
provided for in section 1044 of this code is held 
on or after the first day of April in any even num¬ 
bered year, the register used at each special or con¬ 
solidated election precinct at such election shall con¬ 
sist of the original affidavits of registration of 
those who had registered from the territory con¬ 
stituting such special or consolidated election pre¬ 
cinct in said even-numbered year and at least 
thirty-one days prior to such election. 

* * * * 

When Clerk and Surveyor Prepare Precincts—When 
Supervisors Act 

1125. In all counties, and city and counties (ex¬ 
cept in counties, and city and counties, which at 
the last general election prior to the time this act 
goes into effect had a registration of at least two 
hundred thousand electors, or which has a registrar 
of voters provided for by freeholders charter or 
by general law, but no board of election commis¬ 
sioners, other than the board of supervisors acting 
as such ex officio), the county surveyor shall upon 
written request and under the direction of the 
county clerk, or in counties, and city and counties 
having a registrar of voters, from the registrar of 
voters, divide the county into election precincts * 
and prepare detail precinct maps and exterior de¬ 
scriptions and copies thereof, and file the same 
with the board of supervisors not later than the 
first Monday in November of each odd-numbered 
year; provided, however, that the county shall be 
so divided into election precincts that there shall 
be as many as shall be sufficient to make the 
number of votes polled at any one election precinct 
not more than two hundred, as near as can be as¬ 
certained, and it shall be the duty of said board 
to adopt an order creating election precincts as 
prepared and described by said county surveyor 
and county clerk, not later than the second Mon¬ 
day in December of each said odd-numbered year; 


CALIFORNIA ELECTION LAWS 


293 


the county surveyor shall within fifteen days after 
receipt of said written request from the county 
clerk, or registrar of voters, change or alter any 
precinct boundaries, and prepare new detail maps 
and descriptions thereof, as directed by the county 
clerk, or registrar of voters, and file the same with 
the board of supervisors, who shall at their next 
meeting adopt said precinct changes by order. 

In all counties, or city and counties of this 
state, which at the last general election prior to 
the time this act goes into effect had a registration 
of at least two hundred thousand electors, or which 
has a registrar of voters provided for by free¬ 
holders charter or by general law, but no board of 
election commissioners, other than the board of 
supervisors acting as such ex officio, the board of 
supervisors, or other board having charge and con¬ 
trol of elections in such county, or city and county, 
or, at its request, the county clerk or registrar of 
voters, shall, as soon before a general election as 
is convenient, proceed to divide such county, or 
city and county, into election precincts, of which 
there shall be as many as shall be sufficient to 
make the number of votes polled at any one elec¬ 
tion precinct to be not more than two hundred, as 
nearly as can be ascertained. 

Any provisions found elsewhere in this code giv¬ 
ing to the board of supervisors the power to es¬ 
tablish, abolish, and change election precincts shall 
be subject to, and controlled by, the provisions of 
this section. 

Formation of Precincts and Sizes 

1126. In all counties, and city and counties 
(except in counties, and city and counties, which 
at the last general election prior to the time this 
act goes into effect had a registration of at least 
two hundred thousand electors, or which has a 
registrar of voters provided for by freeholders 
charter or by general law, but no board of election 
commissioners, other than the board of super¬ 
visors acting as such ex officio), the board of su¬ 
pervisors or election commissioners in each of the 
counties, and city and counties of this state, shall, 
within thirty days from the receipt of a written 


Precinct 

Changes 


Where over 
200,000 
Electors 


This 

Section 

Applies 


Under 

200,000 

Electors 




Power to 
Change 
Boundaries 
Create and 
Consolidate 


200 

Voters to 
Precinct 

Over 

200,000 

Electors 


Power to 

Change 

Boundaries 


This 

Section 

Applies 


No 

Conflicting 

Boundaries 


294 CALIFORNIA ELECTION LAWS 

notice from the county clerk, or, in counties or city 
and counties having a registrar of voters, from the 
registrar of voters, change the boundaries of, create 
new, or consolidate established precincts as per de¬ 
tailed descriptions as furnished by the county clerk 
or registrar of voters, and county surveyor; pro¬ 
vided, that there shall always be as many precincts 
as shall be sufficient to make the number of votes 
polled in any one precinct not more than two hun¬ 
dred, as nearly as can be ascertained. 

In all counties and city and counties, which at 
the last general election prior to the time this act 
goes into effect had a registration of at least two 
hundred thousand electors, or which has a registrar 
of voters provided for by freeholders charter or by 
general law, but no board of election commission¬ 
ers, other than the board of supervisors acting as 
such ex officio, the board of supervisors, or other 
board having charge and control of election in 
such county, or city and county, of this state, or, 
at its request, the county clerk or registrar of 
voters, may from time to time change the bound¬ 
aries of, create new, or consolidate established pre¬ 
cincts; provided, that there shall always be as 
many precincts as shall be sufficient to make the 
number of votes polled at any one precinct to be 
not more than two hundred, as nearly as can be 
ascertained. 

Any provisions found elsewhere in this code 
giving to the board of supervisors the power to 
4 establish, abolish, and change election precincts 
shall be subject to, and controlled by, the provisions 
of this section. 

* * * * 

Defined Boundaries 

1128. In the order establishing precincts, the 
boundaries thereof must be defined. 

* * * * 

Restrictions in Forming Precincts 

1130. The following limitations are imposed upon 
the powers given in this chapter: 

1. No precinct must be established so as to 

embrace more than one township, nor in such man¬ 
ner that its exterior limits cross the exterior 


■ 






CALIFORNIA ELECTION LAWS 


295 


boundaries of any township, incorporated town or 
city, or any ward, district, or other territorial sub- 

k division for which local officers are to be elected, 
except a school or road district; provided, however, 
that if at any election, including any primary 
election, or speeial election, any precinct contains 
an insufficient number of qualified electors to make 
up a precinct election board, such precinct may 
be consolidated with an adjoining election precinct. 

Clerk’s Notice of Election—Contents—Posting 

1131. The county clerk or registrar of voters 
in each county or city and county shall at least 
twenty-five days prior to any election, or primary 
election file in his office a notice of the date of 

i such election and the offices to be filled naming and 
numbering them in numerical order, unexpired 
terms or short terms being designated next after 
the full terms or long terms. He shall also des¬ 
ignate in such notice the election officers who 
have been appointed for each precinct and the poll¬ 
ing place therein where the voting for such elec¬ 
tion shall be had, but in no event shall such poll¬ 
ing place be a saloon or other place where intoxi¬ 
cating liquor is sold or dispensed, nor shall such 
polling place be connected by a door, window or 
other opening with a saloon or other room or place 
where such liquor is sold or dispensed. He shall 
immediately thereafter cause one copy of such 
notice to be posted in a prominent place in his 
office. The duties imposed by this section and by 
sections 1142, 1142a and 1151 of this code upon the 
county clerk or registrar of voters shall in all mu¬ 
nicipal elections, and in all elections in which only 
the electors of one municipality or a portion there¬ 
of vote be performed by the city clerk, registrar 
of voters or similar office of such municipality. 
(Approved May 7, 1919.) 

Procedure Where Polling Places Not Established 
and Election Officers Not Appointed 

1132. If the election officers for any precinct in 
any county or city and county, or the polling 
place therein have not been designated by the 


Consolida 

tion 


Election 

Notice 

Contents 
of Notice 


Posted 
in Clerk’s 
Office 


Applies 
to Cities 




296 


CALIFORNIA ELECTION LAWS 


When 

Clerk 

Appoints 

Election 

Officers 

Posting 
Order 
by Clerk 
and 

Inspector 

When 

Inspector 

Acts 


Absence 
of Election 
Officers 


New 

Polling 

Place 


Consolidat¬ 
ing Precincts 


Limit Six to 

Consolidated 

Precinct 


tenth day prior to any election the county clerk 
or registrar of voters in such county or city and 
county shall immediately make an order in writing 
designating the election officers for that precinct 
or the polling place therein, as the case may re¬ 
quire, and notify such officers of their appointment. 
He shall cause copies of his order to be posted in 
three public places in the precinct and send one 
copy thereof to the inspector appointed for that 
precinct who shall cause the same to be posted at 
or near such polling place. If the said county 
clerk or registrar of voters fails to perform the 
duty herein imposed upon him, the inspector, if 
one shall have been appointed, shall perform such 
duty. If any of the members appointed on an 
election board do not attend at the opening of the 
polls on the morning of an election, those quali¬ 
fied electors present, including members of the 
board, shall appoint a qualified elector to fill the 
vacancy, and if none of the members appointed 
appear at such time the qualified electors of the 
precinct present at that time may appoint a board. 
If for any valid reason the polling place desig¬ 
nated for any precinct can not be used, the board 
of election acting for that precinct on the day 
of the election shall designate another polling 
place as near thereto as possible, post notice of 
the change on or near the place first designated 
and conduct the election at the place last desig¬ 
nated. (Approved May 6, 1919.) 

Powers in Establishing Consolidated or Special 
Election Precincts 

1133. The board or governing body charged 
with the conduct of carrying on any of the elec¬ 
tions mentioned in section 1044 of this Code may 
precinct, or subdivide, the municipality or terri¬ 
tory within which such election is to be held, into 
special election or consolidated election precincts, 
for the holding of such elections, and change and 
alter such precincts for such elections, as often 
as occasion may require. In establishing such elec¬ 
tion precincts referred to in this section, such 
board or governing body having control of such 
elections, may consolidate the precincts to a num- 



CALIFORNIA ELECTION LAWS 


297 


ber not exceeding six for each special election or 
consolidated election precinct, and shall number 
such precincts so established, consecutively, and 
each precinct so established shall for the purpose 
of such election be known by the number so desig¬ 
nated. (Approved May 27, 1919.) 

* * * * 

ELECTION OFFICERS 


Election Officers, Appointment, Duties 

1142. (a) At each general election and at 

each election, where other provisions are not made 
by law or charter, the election officers appointed 
for each precinct shall constitute a board of elec¬ 
tion for such precinct. Such board shall consist 
of one inspector, two judges, and three clerks; 
provided, that in any precinct in which the total 
registration does not exceed one hundred electors 
or at any special election where other provision as 
to election officers is not made by law, the board 
shall consist of one inspector, one judge and two 
clerks. Each of such officers shall be a registered 
qualified elector of the precinct for which he is 
appointed and in which he acts and shall serve 
only in such precinct; provided, that in the case 
of consolidated election precincts the election offi¬ 
cers appointed therefor and w T ho act therein shall 
be registered qualified electors of one of the pre¬ 
cincts of which such consolidated precinct is com¬ 
posed. 

(b) The board of supervisors, or other board 
having charge or control of elections in each of 
the counties, and cities and counties, must, at 
least thirty days prior to an election, issue its 
order appointing the members of the several 
boards of election unless otherwise provided here¬ 
in or by law. 

(c) If the election officers for any precinct, or 
the polling place therein, have not been designated 
by the fifteenth day prior to any election, the 
county clerk or registrar of voters shall immedi¬ 
ately appoint the election officers for that precinct, 
or designate the polling place therein, as the case 
may require. 

(d) Any person who, having been regularly ap- 


Number 
of Officers 


When Less 


Qualifica¬ 

tions 


When 

Appointed 


When 
Clerk or 
Registrar 
Acts 






298 


CALIFORNIA ELECTION LAWS 


Failure 
to Act 


Power 
to be 
Absent 
from 

Employment 


Qualification 


pointed as an election officer, shall without lawful 
excuse fail to act as such-, shall be guilty of a mis¬ 
demeanor punishable by a fine not to exceed one ^ 
hundred dollars or by imprisonment in the county 
jail not to exceed thirty days or by both such fine 
and imprisonment. Any person serving as an 
election officer at any election, shall, on the day 
of such election, be entitled to absent himself 
from any service or employment in which he, or 
she, is then engaged or employed; and such voter 
shall not, because of so absenting himself, or her¬ 
self, be liable to any penalty, nor shall any de¬ 
duction be made on account of such absence, from 
his or her usual salary or wages, nor shall such 
person be suspended or discharged from any serv¬ 
ice or employment because of so absenting him¬ 
self or herself. In appointing election officers 
preference shall so far as possible be given to any : 
person, otherwise qualified, who has passed a civil 
service examination involving a test for a clerical 
position, or who has previously rendered satisfac¬ 
tory service as an election officer if otherwise qual¬ 
ified. Any person may file an application for the 
position of an election officer on blanks prepared 
by tlie officer in charge of registration, which shall 
be substantially as follows: 


Application to Serve as Election Officer 

State of California, ) 

.County of. ) 

My name in full is.; .1 

my actual residence is...; j 

my age is.....; my occupation is.; || 

I am employed at...| 

(Give place of employment) ;■ 
I am not, and have not been, within the last i 
ninety days, employed in any capacity, other than jj 
that of election officers, or as a clerk engaged in ij 
the registration of voters, by the county, city and i 
county, or incorporated city or town in which I 
now reside. 

I have.acted as an election officer at an 'j 

election ....... [ 

(If applicant has previously acted as an election 
officer state the time and place when so act- 













CALIFORNIA ELECTION LAWS 


299 


ing and the nature of the office held, other¬ 
wise insert the word ‘.‘not” after the word 
“have.”) 

I have.passed a civil service examination. 


(If applicant has previously passed such ex¬ 
amination state the time and place thereof 
and the position for which it was held, other¬ 
wise insert the word 11 not ’ ’ after the word 
“have.”) 

My experience in clerical work has been as fol¬ 
lows: 

(state briefly)._.... 

For further information, I would refer to the 
following: 


(Names and addresses of two or three well 
known citizens of the community, who are 
acquainted with the qualifications of appli¬ 
cant; to be filled out if applicant is not, 
through previous service or otherwise, already 
known to the appointing board.) 

I am now registered as an elector in this county 
(or city and county). 

I can read and write the English language and 
all of the matter written in the foregoing answers 
is in my own handwriting. 


Signature of applicant. 

In a city and county, the registrar of voters may 
require such applications to be sworn to and such 
registrar or his deputy shall take such oath with¬ 
out charge. 

(e) No person shall be eligible to act as an 
officer of election who is not actually a resident 
of the precinct in which he, or she, acts as a reg¬ 
istered and qualified elector thereof, or who has, 
within ninety days preceding such election, been 
employed in any capacity, other than that of an 
election officer, or as a clerk engaged in the regis¬ 
tering of electors, by the county, city and county, 
or incorporated city and town in which he resides. 


Form 


Oaths 


Who is 
Not 

Eligible 












Clerk's 
Notice of 
Appointment 


Publication 


Notice to 
Inspector 


Form 


300 CALIFORNIA ELECTION LAWS 

(f) Upon filing a list of the names and ad¬ 
dresses of those who have been appointed election 
officers the county clerk or registrar of voters shall 
immediately mail or deliver to each person ap¬ 
pointed a notice that he, or she, has been ap¬ 
pointed, stating therein the position to which he 
or she has been assigned, and the penalty for 
failure to serve, also such other matter as the 
county clerk or registrar of voters may determine. 
He shall also publish the names of the election 
officers appointed and polling places designated 
for each election precinct in some daily newspaper 
published in the county or city and county where 
.the election is to be held, for three successive is¬ 
sues, the last publication to be at least one week 
before the day such election is to be held. He 
shall also mail or deliver to each person appointed 
as inspector for any precinct immediately after such 
appointment a notice of the persons appointed to 
serve as election officers in that precinct. Said no¬ 
tice shall be substantially in the following form: 

Office of the County Clerk (Or Registrar of Voters) 

County of . 

Notice to Election Officers. 

To.......inspector for. 

precinct. 

The polling place for the.precinct at the 

election to be held on._.....the. 

day of.:.is .— 

and the board of election for said precinct is com¬ 
posed of the following persons: 

Position Name Address 


You, as inspector, must, before the polls are 
opened, see that each of these persons has taken the 
oath required by law and that no person is permitted 
to act as election officer unless he or she has taken 
such oath and actully resides in the precinct and 
is registered as an elector thereof and is not and 






























CALIFORNIA ELECTION LAWS 


301 


lias not been employed in any capacity, other than 
that of election officer, or as clerk engaged in the 
registering of electors, within ninety days of the 
election, by the county or city and county or by 
1 the incorporated city and town in w T hich he, or 
she, resides. If any of these persons is not qttali- 
I iied to act or in case any of them do not appear 
j at the opening of the polls, the qualified electors 
present, including members of the board, shall ap- 
I point in his or her place one who is qualified who 
shall take the required oath of office which will be 
I found set forth in the poll list. 

... County Clerk (or other official). 

Accompanying said notice shall be an oath of 
office in blank which shall immediately be sworn to 
by the inspector free of charge before any offi¬ 
cer authorized to administer oaths, and before per¬ 
forming any of the duties required of him and 
which oath shall be returned to the county clerk 
or registrar of voters within twenty-four hours 
after receipt thereof. Said oath shall be sub¬ 
stantially in the following form: 


■ ss. 


State of California, 

County of. 

I do solemnly swear (or affirm, as the case may 
be), that I will support the constitution of the 
United States and the constitution of the State 
of California, and that I will faithfully discharge 
the duties of the office of inspector on the board 

|i of election for.precinct according to the 

best of my ability. 


Subscribed and sworn to before me this. 

day of. 19. 

(Name and designation of official 
before whom taken.) 

(g) On the day of election and before entering 
upon the performance of their duties, each of the 
other election officers shall take a similar oath be¬ 
fore said inspector, or, in case he is not present, 
before any other of themselves, each of whom 
is for this purpose authorized to administer an 
oath. Such oaths shall be taken and subscribed 


Inspector’s 
Oath of 
Office 


When 
Returned 
to Clerk 


Form 
of Oath 


Oaths in 
Poll List 













302 


CALIFORNIA ELECTION LAWS 


Who is not 
Eligible 


Must take 
Oath 


Duties how 
Assigned 


Absence 


Four must 
Canvass 


Majority 

Signs 


Powers of 
Registrar 


upon a form which shall be provided for that pur¬ 
pose in the poll list for that precinct. 

(h) No person shall be eligible to act as a 

member of any election board who can not read 

and write the English language, nor shall any 

person be appointed an election officer or act as 

such who is not at the time in every respect quali¬ 
fied to act as such election officer, except as here¬ 
inbefore provided, nor shall any person so ap¬ 
pointed serve as such until he has taken the oath 
required. The inspector, judges and clerks upon 
each board of election shall distribute the extra 
duties devolving upon such board of election, in 
addition to their own duties, in such a manner as 
they themselves shall deem most advantageous, 
and such extra duties assigned to the several offi¬ 
cers or clerks of boards of election by other sec¬ 
tions of this code shall be performed by the mem¬ 
bers of each board as the said duties have been dis¬ 
tributed in accordance with this provision. 

Not more than two members of any board of 
election shall be absent from the polling place at 
any one time. Such board of election shall can¬ 
vass the votes for such precinct, and must be 
present at the closing of the polls. The members 
of said board shall relieve each other in the du¬ 
ties of canvassing the ballots, which may be con¬ 
ducted by at least four members of the board; pro¬ 
vided, that there shall always be two members 
simultaneously keeping the tally sheets, and al¬ 
ways two members looking at the vote on the bal¬ 
lot from which one of said two members is read¬ 
ing; and provided, further, that the final certi¬ 
ficate shall be signed by a majority of the whole. 

(i) In any city and county having a registrar 
of voters all preliminary or other lists of persons 
qualified to act as election officers and all appoint¬ 
ments of election officers shall be made by said 
registrar of voters and he shall have power to ex¬ 
cuse persons appointed from serving whenever 
he is satisfied any such person ought to be ex¬ 
cused, and to substitute new appointees in all 
cases when any person appointed shall be excused 
or found disqualified or deemed incompetent down 
to a time when said registrar of voters shall send 


CALIFORNIA ELECTION LAWS 


303 


a final or amended list of such election officers to 
the inspector, for the precinct, which list shall be 
the registrar’s final order of appointment for such 
precinct; such appointments shall be in the form 
prescribed in subdivision (f) of this section, and 
in addition shall have at the head thereof the 
words in capitals “Final precinct list of election 
officers. ’ f 

In a city and county having such a registrar 
of voters he may require inspectors of election 
who have been appointed, to take the oath of 
office at the office of said registrar of voters at 
least ten days before the day of election, and if 
such inspector shall refuse or fail to so take such 
oath of office said registrar may substitute and 
appoint an inspector and administer such oath of 
office to such newly appointed inspector. In a 
city and county the publication of the list of 
election officers referred to in this section, may, 
in the discretion of the registrar of voters, be 
made only once. [Approved May 7, 1919.] 

Election Officers’ Digest 

1142a. On or before the first day of January of 
each even-numbered year, the secretary of state 
and the attorney general shall prepare a brief 
digest of election laws in so far as such laws 
affect the duties of election officers during the 
casting and the canvassing of the vote, and the 
secretary of state shall send a copy of said di¬ 
gest to each county clerk or registrar of voters 
in each county or city and county. Such digest 
shall be in such form as will readily indicate to 
election officers the substance of such provisions of 
the Political Code or other election laws as they 
may find it most important to know in the per¬ 
formance of their duties, and shall contain in each 
case a reference to the section of the said code 
or laws, by reference to which further examina¬ 
tion of said provisions may be made. A copy of 
this digest, together with such further instruc¬ 
tions as the county clerk or registrar of voters 
may desire to make, shall be prepared by him 
and furnished to each election officer at the time 
of his appointment according to the provisions of 


Substitution 
of Officers 


When oath 
taken at 
Office of 
Registrar 


When one 
Publication 


Secretary 
of State 
and 

Attorney 

General 

Prepare 

Digest 


What 

Digest 

Contains 


Digest 
Sent to 
Each 
Election 
Officer 




Oaths and 
Appoint¬ 
ments 


Any 

Election 

Officer 


Before 
Polls Open 


Posting 

Index 

Copies 


No 

Defacing 


When 

Six 

Officers 


304 CALIFORNIA ELECTION LAWS 

section 1142 of this code. (Approved May 6, 1919.) 

* * * * 

Inspectors, Powers in Oaths and Appointments 

1145. The Inspectors may: 

1. Administer all oaths required in the prog¬ 
ress of an election. 

2. Appoint Judges and Clerks, if during the 
progress of an election any Judge or Clerk ceases 
to act or becomes incapacitated from acting. 
Any Member to Administer Oaths 

1146. Any member of the Board, or either 
Clerk thereof, may administer and certify oaths 
required to be administered during the progress 
of an election. 

* * * * 

All Members to Take Oath 

1148. Before opening the polls, each member 
of the Board and each Clerk must take and sub¬ 
scribe an oath to faithfully perform the duties 
imposed upon them by law. Any elector of the 
township may administer and certify such oath. 
Posting Indexes at Polling Places 

1149. Before opening the polls the board must 
post, in some separate, convenient places, at or 
near the polling place and easy of access to the 
electors, not less than four of the copies of the 
index to the book of affidavits or registration 
furnished for the precinct. 

Protection of Posted Indexes 

1150. The copies so posted must be maintained 
during the whole time of voting, and must not in 
any manner be torn or defaced. 

Election Officers of Cities, Number and How Ap¬ 
pointed 

1151. The city council or other board having 
charge and control of the elections of any munici¬ 
pality shall appoint a board of election for each 
election or consolidated election precinct to con¬ 
sist of one inspector, two judges and three clerks 
for each municipal election provided for by sec¬ 
tion 1044 of this code, held within that mu¬ 
nicipality, and the board of supervisors or 
other board having charge or control of elec- 


CALIFORNIA ELECTION LAWS 


305 


tions shall appoint a board of election to con¬ 
sist of one inspector, one judge and two clerks 
for every other election provided for by said sec¬ 
tion, who shall apportion among themselves the 
work required in the conduct of such election with¬ 
in their respective election precincts; provided, 
that at any nominating or general municipal elec¬ 
tion held under the provisions of a freeholders 7 
charter, the board or governing body charged 
with the conduct of such elections, may by ma¬ 
jority consent, appoint a board of elections for 
each election precinct, to consist of one inspector, 
one judge, and two clerks. The members of such 
boards shall be appointed, and when appointed 
shall act, as provided for by section 1142 of this 
code. But one poll list, one tally list and one copy 
of such tally list, as provided for in section 1261 of 
this code, need be kept, and but one book of orig¬ 
inal affidavits of registration need be furnished for 
use at each precinct, which shall be returned to the 
proper officers with the official returns in the manner 
provided for the returns at a general election. (Ap¬ 
proved May 7, 1919.) 

* * * * 

POLLS 

When Opened and Closed 

1160. The polls must be opened at six o’clock 
a. m. of the day of election, and must be kept 
open until seven o’clock p. m. of the same day, 
when the polls shall be closed, except as provided 
in section 1164 of this code. 

Exhibition of Ballot Box 

1162. Before receiving any ballots the Board 
must, in the presence of any persons assembled at 
the polling place, open and exhibit and close the 
ballot-box; and thereafter it must not be re¬ 
moved from the polling place or presence of the 
bystanders until all the ballots are counted, nor 
must it be opened until after the polls are finally 
closed. 

Announcement of Opening of Polls 

1163. Before the Board receive any ballots, 
they must cause it to be proclaimed aloud at the 
place of election that the polls are open. 


When 

Four 

Officers 


When One 
Poll List 
One Tally 
List 

and One 
Copy of 
Tally List 


6 A. M. 
to 7 P. M. 


To be 
Announced 





306 


CALIFORNIA ELECTION LAWS 


To be 
Announced 


Limit of 
Arrival 
7 P. M. 


Form of 
Poll List 


Announcement of Closing of Polls 

1164. When the polls are closed, that fact must 
be proclaimed aloud at the place of election; and 
after such proclamation, no ballot must be re¬ 
ceived; provided, however, that if at the hour of 
closing there are any other voters in the polling 
place, or in line at the door, who are qualified to 
vote and have not been able to do so since ap¬ 
pearing, the polls shall be kept open a sufficient 
time to enable them to vote. But no one who 
shall arrive at the polling place after seven o’clock 
in the afternoon shall be entitled to vote-, although 
the polls may be open when he arrives. 

* * * * 

POLL LISTS AND TALLY LISTS 

1174. The following is the form of poll lists 
and tally lists to be kept by Boards and Clerks of 
Election: 

Poll Lists. 

Of the election held in the Precinct of-, in 

the County of-, on - day of-, in the 

year A. D. one thousand eight hundred and-. 

A. B., C. D., and E. F., Judges, and G. H. and 
J. K., Clerks of said election, were respectively 
sworn (or affirmed), as the law directs, previous to 
their entering on the duties of their respective 
offices. 


Number and Name of Electors Voting. 


No. 

Name 

No. 

Name 

1 

A. B. 

3 

E. 

F. 

2 

C. D. 

4 

G. 

H. 


We hereby certify that the numbers of electors 

voting at this election amounts to-. 

Attest. 


J. K., A. B., 

G. H., C. D., 

Clerks. E. F., 

Board of Election. 




















CALIFORNIA ELECTION LAWS 


307 


Tally Lists. 

Names of persons voted for, and for what office, 
containing the number of votes given for each 
• candidate: 


Governor 

Representative 

in 

Congress 

Members of the 
Legislature. 

Senate. 

Assembly. 






We hereby certify that A. B. had - votes 

for Governor, and C. D. had - votes for Gov¬ 
ernor; that E. F. had - votes for Representa¬ 

tive in Congress, etc. 

G. IL, A. B., 

J. K., C. D., 

Clerks. E. F., 

Board of Election. 

Want of Form Not Cause for Rejection 

1175. No list, tally, paper, or certificate re¬ 
turned from any election must be set aside or re¬ 
jected for want of form, nor on account of its 
not being strictly in accordance with the direc¬ 
tions of this title if it can be satisfactorily under¬ 
stood. 

* * * * 

FORMS AND BALLOTS—EXPENSE—NOMINA¬ 
TIONS—CONSTITUTIONAL AMENDMENTS 

Necessary Ballots and Supplies a Public Expense 

1185. All ballots cast in elections for public 
officers, within this State shall be printed and 
distributed at public expense, as hereinafter pro¬ 
vided. The printing of general tickets and cards 
of instruction to electors of each county, and the 
delivery of the same to the election officers, shall 
be a county charge, the payment of which shall 
be provided for in the same manner as the pay¬ 
ment of other county expenses; and the printing 
and delivering of “ municipal tickets, ” and also 


Form of 
Tally List 


When no 
Rejection 


When 

County 

Charge 


















308 


CALIFORNIA ELECTION LAWS 


When City 
Charge 


How Paid 


Nomination 

Paper 


One 

Per Cent 


Restrictions 


What Law 
Governs 


in case of separate elections for city, city and 
county, or town officers, the printing and deliver¬ 
ing of cards of instruction, shall be a charge upon 
the respective city, city and county, or town in 
which such 11 municipal tickets ’’ and cards of in¬ 
struction are to be used, the payment of which 
shall be provided for in the same manner as the 
payment of other city, city and county, or town 
expenses. 

* * * * 

Nominations When Not Primary Election 

1188. A candidate for any public office for 
which no non-partisan candidate has been nomi¬ 
nated at any primary election may be nominated 
subsequent to said primary election, or in lieu of 
any primary election, in the manner following: 
a nomination paper containing the name of the 
candidate to be nominated, with other informa¬ 
tion required to be given in the nomination papers 
provided for in the direct primary law then gov¬ 
erning primary elections, shall be signed by elect¬ 
ors residing within the district or political sub¬ 
division for which the candidate is to be presented, 
equal in number to at least one per cent of the 
entire vote cast at the last preceding general 
election in the state, district or political subdi¬ 
vision for which the nomination is to be made, 
subject to the restrictions contained in said di¬ 
rect primary law. The provisions of said direct 
primary law as therein applied to nonpartisan 
offices, when the nomination to be made under 
this section is for an office for which nominations 
are made at the August primary election, and the 
provisions of that law as therein applied to pri¬ 
maries other than the August primary election and 
the May presidential primary election, when the 
nomination to be made under this section is for 
a municipal 'office or for any office to which that 
law does not apply, shall substantially govern as 
to the manner of the appointment or verification 
deputies, the form of nomination papers and the 
securing of signatures thereto and fastening to¬ 
gether of sections of the nomination paper con¬ 
taining such signatures, and the filing thereof 


CALIFORNIA ELECTION LAWS 


309 


with the county clerk, or the certification thereto 
by the county clerk and transmission thereof to 
the secretary of state, or to the city clerk or sec- 
% retary of (he legislative body of any municipality, 
as the case may be, the filing of the candidate’s 
affidavit, the payment of a filing fee, and all 
other things necessary to get the name of a candi¬ 
date under this section upon the ballot, except 
' that such provisions shall be directed toward get¬ 
ting the candidate’s name on the ballot for a gen¬ 
eral or municipal election or a special election, 
and not on the ballot for nomination at a primary 
election. In addition to the other matter required 
to be set forth on the candidate’s nomination pa¬ 
per, it must also set forth that each signer thereof 
did not vote at the primary election immediately 
preceding at which a candidate was nominated 
for the public office mentioned in said nomination 
paper; provided, that this statement shall be 
omitted in case no candidate was nominated at 
said primary election for the public office men¬ 
tioned in said nomination paper. 

Upon the filing of a sufficient nomination paper 
and affidavit by any candidate nominated under 
the provisions of this section and the payment of 
the filing fees as hereinbefore provided, the name 
of such candidate shall go upon the ballot at the 
ensuing general or municipal election according 
to the provisions of section 1197 of this code. 
* * * * 

Filing of Nomination Papers 

1192. Nomination papers required to be filed 
with the secretary of state, or with the county 
clerk, shall be filed not more than sixty days nor 
less than thirty-five days before the day of elec¬ 
tion, when the nomination is made by electors 
as provided in section 1188 of this code. Nomi¬ 
nation papers required to be filed with the clerk or 
secretary of the legislative body of any city or 
town, shall be filed not more than forty days 
nor less than twenty days before the day of elec¬ 
tion, when the nomination is made by electors as 
provided in section 1188 of this code. 


Details 


Signer did 
note Vote at 
Primary 


When 
Name 
goes on 
Ballot 


When 
Thirty-five 
to Sixty 
Days 


When 
Twenty 
to Forty 
Days 




310 


CALIFORNIA ELECTION LAWS 


Kept 

Two Years 


Kept 

Four Years 


Arguments 

for 


Five 

H undred 
Words 


Nomination Papers, Time Preserved 

1193. The secretary of state, the county clerk, 
and the clerk or secretary of the legislative body 
of any municipality shall preserve for a period 
of two years in their respective offices all nomi¬ 
nation papers filed therein under the provisions of 
law, and shall thereafter destroy the same unless 
they have been introduced in evidence in some ac¬ 
tion or proceeding then pending. 

Initiative, Referendum, Recall Petitions—Time Pre¬ 
served 

1194. The secretary of state shall preserve for 
a period of four years in his office all initiative, 
referendum and recall petitions filed therein under 
the provisions of law and shall thereafter destroy 
the same unless they have been introduced in 
evidence in some action or proceeding then pend¬ 
ing. 

Copies of Proposed Amendments to Constitution, 
Contents 

1195. Whenever the legislature shall propose 
any amendment to the constitution of this state 
or any other proposition to be voted upon by the 
electors of the state, the author of such amend¬ 
ment or proposition and one member of the same 
house who voted with the majority on the sub¬ 
mission of such amendment or proposition, shall 
be appointed as a committee of two by the presid¬ 
ing officer of such house, before the adjournment 
of the legislature, to draft an argument giving 
the reasons for the adoption of such amendment 
or proposition, which argument shall be not more 
than five hundred words in length. If the author 
of such amendment or proposition shall desire sep¬ 
arate arguments to be written in favor thereof 
by each member of the committee, such separate 
arguments may be written, but the combined 
length of the two arguments shall not be more 
than five hundred words. At the same time said 
committee of two is appointed, one member of the 
same house who voted with the minority against 
the submission of such amendment or proposi¬ 
tion, if there was any such minority vote, shall 


CALIFORNIA ELECTION LAWS 


311 


be selected by the presiding officer of such house 
as a committee of one to write an argument 
against such amendment or proposition, and such 
argument shall be not more than five hundred 
words in length. These articles shall be sub¬ 
mitted to the secretary of state within ninety days 
after the adjournment of the legislature, subject 
to amendment or change by the committee respect¬ 
ively submitting them at any time within one 
year after such adjournment, such amendment to 
be substituted by the secretary of state in lieu of 
the original. In case either the argument for or 
the argument against such amendment has not 
been filed by a member of the legislature within 
one year from the final adjournment of the legis¬ 
lature or in case no committee was appointed to 
write it, any elector may request the presiding 
officer of the house in which said amendment 
originated for permission to prepare and file an 
argument for such amendment or proposition, and 
any other elector may request such officer for per¬ 
mission to prepare and file an argument against 
the same. The presiding officer of such house 
shall grant such permission, or, if there be more 
than one elector requesting such permission, he 
shall designate the person to prepare and file such 
statement, either for or against such amendment 
or proposition, or both for and against, as the 
case may be. 

Copies of Proposed Amendments to Constitution, 
Quantity, Contents, How Printed 

1195a. The secretary of state shall cause to be 
printed at the state printing office one and one- 
fifth times as many pamphlets as there are regis¬ 
tered voters in the state. Such pamphlets shall 
contain a complete copy of all constitutional 
amendments, propositions and measures submitted 
to a vote of the electors of the state by the legis¬ 
lature, or by initiative or referendum petition, a 
copy of the corresponding constitutional or statu¬ 
tory provisions as then in force, if any, and a 
copy of the statements provided for in section 
1195 in this code and in section 1, article IV. of the 
constitution of the State of California. The parts of 


Arguments 

Against 

Five 

Hundred 

Words 


Time 


When 

Electors 

Act 


Appointee 


Quantity 

Printed 


Contents 






Ballot 

Titles 


Duty of 
Secretary 
of State 

Copies 
furnished to 
County 
Clerks 

Clerk Mails 
15 to 25 
Days 


Copies at 

Polling 

Places 


312 CALIFORNIA ELECTION LAWS 

the proposed amendments differing from the exist¬ 
ing provisions shall therein be distinguished in 
print, so as to facilitate comparison. All questions, 
propositions, measures and constitutional amend¬ 
ments which are to be submitted to a vote of the 
electors shall be printed in said pamphlets, so far 
as possible, in the same order, manner and form 
in which the same shall be designated upon the 
ballot and shall be designated thereon by the re¬ 
spective ballot titles or designations which may 
be provided therefor. Said ballot titles shall be 
numbered consecutively and printed on the pamph¬ 
lets herein referred to immediately prior to the 
particular question, proposition, measure or con¬ 
stitutional amendment therein referred to. There 
shall also be printed on said pamphlets the copy 
of said ballot title or designation as the same 
will appear on the ballots when voted on in the 
order and with the proper number which ballot 
title or designation shall be the method by which 
said questions, propositions and constitutional 
amendments shall be designated on the ballots. 

Copies of Proposed Amendments to Constitution 
Furnished to County Clerk—Mailing 

1195b. The secretary of state shall duly, and 
not less than thirty days before the election next 
ensuant at which such amendments, propositions, 
measures or questions are to be voted on, certify 
such pamphlet and the matters contained therein 
and furnish each county clerk in the state with 
not more than one and one-twentieth times as 
many copies of such pamphlets as there are reg¬ 
istered voters in his county. The clerk of each 
county shall not more than twenty-five days, nor 
less than fifteen days prior to said election cause 
to be mailed to each voter a copy of such pamph¬ 
let and no other publication of such amendments, 
propositions, measures, questions or statements 
shall be necessary or authorized. Three copies 
of such pamphlets, to be supplied by the secre¬ 
tary of state, shall be kept at every polling place, 
while an election is in progress, so that they may 
be freely consulted by the electors. (Approved 
May 7, 1919.) 


CALIFORNIA FLECTION LAWS 313 


Ballots, Provided by County Clerk or City Clerk— 
Official Ballot Paper 

1196. Except as in this Code otherwise pro¬ 
vided, it shall be the duty of the County Clerk of 
each county to provide printed ballots for every 
election of public officers, except elections for 
city or town officers, in wffiich electors, or any of 
the electors, within the county participate, and to 
cause to be printed in the appropriate ballot the 
name of every candidate whose name has been 
certified to or filed with the County Clerk, in the 
manner provided for by law, together with the 
names certified by the secretary of state to have 
received in the respective parties, the highest 
number of votes for United States Senator. Bal¬ 
lots other than those printed by the respective 
County Clerks, or the Clerk or Secretary of the 
legislative body of any incorporated city or town, 
according to the provisions of this Code, shall 
not be cast nor counted at any election. It shall 
be the duty of the County Clerk of any consoli¬ 
dated city and county to provide separate ballots 
for every election for city and county officers in 
which the electors, or any of the electors, of such 
city and county participate, and to cause to be 
printed on such separate ballots the name of every 
candidate for a city and county office whose 
name has been filed with the proper officer in 
the manner provided by law. It shall be the 
duty of the Clerk or Secretary of the legislative 
body of any incorporated city or town to provide 
separate ballots for every election for city or town 
offices in which the electors, or any of the elect¬ 
ors, of such city or town participate, and to 
cause to be printed in such separate ballots the 
name of every candidate whose name has been 
filed with such Clerk or Secretary in the manner 
provided for by law. All ballots shall be not to 
exceed twenty-four inches in length, and shall be 
of sufficient width to contain in parallel columns 
three inches in width the names of all candidates 
nominated, and below the printed list of candi¬ 
dates for each office, the necessary blank space or 
spaces to permit an elector to write in the names 


County 

Clerk 

Provides 

Ballots 


No Other 
Ballots 


When City 

Clerk 

Provides 


Not more 
than 24 
inches long 




CALIFORNIA ELECTION LAWS 


Separate 

Columns 

for 

Propositions 


Secretary 
of State 
furnishes 
Paper 
at Cost 


Water- Mark 


New 

Designs 


Names 
Written In 


One 

Form 

Only 


314 

of persons whose names are not printed on the 
ballot, and to contain in a separate column or col¬ 
umns of sufficient width statements of all ques¬ 
tions, propositions or constitutional amendments to 
be submitted to vote of the electors, and shall be 
printed on tinted paper furnished by the Secre¬ 
tary of State. It shall be the duty of the Secre¬ 
tary of State to obtain, and keep on hand, a suffi¬ 
cient supply of paper for ballots, and to furnish 
the same, in quantities ordered, to any County 
Clerk, or Clerk, or Secretary of the legislative 
body of any incorporated city or town, upon pay¬ 
ment by them of the cost of such paper. Such 
paper shall be watermarked with a design to be 
furnished by the Secretary of State, in such man¬ 
ner that the said watermark shall be plainly 
discernible on the outside of such ballot when 
folded according to law. Such design shall be 
kept secret from all persons not engaged in the 
preparation, printing, or distribution of the paper 
or ballots, until the day of election. Such design 
shall be changed for each general election, and the 
same design shall not be used again at any gen¬ 
eral election within the space of fourteen years; 
but at any special or separate local election, 
paper marked with the design used at the previ¬ 
ous election may be used. Nothing in this Code 
contained shall prevent any voter from writing 
upon his ballot the name of any person for whom 
he desires to vote for any office, and such vote 
shall be counted the same as if printed upon the 
ballot, and marked as voted for. (Approved May 
7, 1919.) 

One Form 

1197. There shall be provided at each polling 
place, at each election at which public officers 
are voted for, but one form of ballot for all the 
candidates for public office, and every ballot shall 
contain the names of all the candidates whose 
nominations for any office specified on the ballot 
have been duly made and not withdrawn, as pro¬ 
vided by law, together with the title of the office 
arranged to conform as nearly as practicable to 
the plan hereinafter set forth. 



CALIFORNIA FLECTION LAWS 


315 


Order of Names, by Whom Arranged 

2. The order in which the list of offices shall 
appear on the ballot shall, as to state offices and 
district offices, when the district includes more 
than one county, be determined by the secretary 
of state, and shall as nearly as may be practicable, 
be the same for all counties. The order in which 
the list of county offices or district offices em¬ 
bracing one county or less, shall appear on the 
ballot, shall be determined by the county clerk. 

Order of Names on Ballot 

The order in which the list of candidates for 
any office shall appear upon the ballot shall be 
determined as follows: 

(a) If the office is an office the candidates for 
which are to be voted on throughout the entire 
state, including United States senator in congress, 
the secretary of state shall arrange the names 
of all candidates for such office in alphabetical 
order for the first assembly district; and there¬ 
after, for each succeeding assembly district, the 
name appearing first for each office in the last 
preceding district shall be placed last, the order 
of the other names remaining unchanged; pro¬ 
vided, however, that the names of candidates for 
the office of electors for president and vice-presi¬ 
dent shall be arranged in groups as presented in 
the several certificates of nomination, and the sec¬ 
retary of state shall arrange such groups for the 
first assembly district in the alphabetical order 
of the names standing at the head of each of 
such groups as the first name therein; and, there¬ 
after, for each succeeding assembly district, the 
group appearing first shall be placed last, the 
order of the groups remaining unchanged; but 
the order of names within each of the several 
groups shall remain the same as presented in the 
several certificates of nomination and shall re¬ 
main the same for all assembly districts. A blank 
column one-half inch wide shall be left upon the 
ballot opposite each group of names of candi¬ 
dates for electors for president and vice-presi¬ 
dent, and to the right of the column of voting 
squares for the individual names and separated 


Order of 
Offices 


Names 

How 

Arranged 


Groups of 

Presidential 

Electors 


Blank 

Column 



316 


CALIFORNIA ELECTION LAWS 


Top and 
End of 
Group 


How 

Secretary 
of State 
Arranges 
Names 


Statement 

from 

Secretary 
of State 
to Clerk 


from it by a light dotted line, which blank col¬ 
umn shall contain a square in which may be 
stamped a cross (X) which shall be counted as a 
vote for each and every name in the group op¬ 
posite. Lengthwise along this blank column shall 
be printed in heavy face type “A cross (X) 
stamped in this square shall be counted for each 
name of the group to the left.” The line sepa¬ 
rating any group of names from any other group 
shall be heavier than any line separating the in¬ 
dividual names in each group, and shall extend 
across the blank column provided for in this para¬ 
graph. Below the top line of this extension shall 
be printed in small heavy face type the words 
“top of group,” and above the bottom line of the 
extension, the words “end of group.” 

If the office is that of representative in con¬ 
gress, or is an office the candidates for nomination 
to which are to be voted on in more than one 
county or city and county, but not throughout 
the entire state, except the office of state senator 
or assemblyman, the secretary of state shall ar¬ 
range the names of all candidates for such office 
in alphabetical order for that assembly district 
which is lowest in numerical order of any as¬ 
sembly district in which such candidates are to 
be voted on; and thereafter for each succeeding 
assembly district in which such candidates are to 
be voted on the name appearing first for such 
office in the last preceding district shall be placed 
last, the order of the other names remaining un¬ 
changed. 

Certified Statement 

In certifying to each county clerk or registrar 
of voters the list of names as required in sec¬ 
tion 23 of the primary election law, the secretary 
of state shall certify and transmit the list of 
candidates for each office' according to assembly 
districts, in the order of arrangement as deter¬ 
mined by the above provisions; and in the case of 
each county or city and county containing more 
than one assembly district, he shall transmit sepa¬ 
rate lists for each assembly district. Except for 
the office of state senator or assemblyman, the 


CALIFORNIA ELECTION LAWS 


317 


order in which the names so certified shall 
appear upon the ballot, shall be for each assembly- 
district the order as determined by the secretary 
of state in accordance with the above provisions, 
and as certified and transmitted by him to each 
county clerk or registrar of voters. 

(b) If the office is an office to be voted on 
wholly within one county or city and county, 
except the office of representative in congress or 
state senator or assemblyman, the county clerk 
of such county or the registrar of voters of such 
city and county, shall arrange the names of all 
candidates for such office in alphabetical order, 
which order shall be the order of names upon the 
ballots; provided, there is no more than one as¬ 
sembly district in such county, or city and county. 
If there is more than one assembly district in 
such county or city and county, the county clerk 
or registrar of. voters shall so arrange on the 
ballot the order of names of all candidates for 
such office that they shall appear in alphabetical 
order for that assembly district in such county, 
or city and county, which is lowest in numerical 
order, and thereafter for each succeeding assem¬ 
bly district in such county, or city and county, the 
name appearing first for each office in the last pre¬ 
ceding assembly district shall be placed last, the 
order of the other names remaining unchanged. 

(c) If the office is that of state senator or as¬ 
semblyman, the names of all candidates for such 
office shall be placed upon the ballot in alphabeti¬ 
cal order. 

(d) If the office is a municipal office in any 
city or town whose charter does not provide for 
the order in which names shall appear on the 
ballot, the names of candidates for such office shall 
be placed upon the ballot in alphabetical order. 

Independent Candidates 

If the nomination of a candidate for any office 
shall be made by petition, filed within the time 
and manner provided by law, but subsequent to 
the determination of the order in which names 
of candidates shall appear on the ballot, the 
name of such candidate with the word “Independ- 


Order 

Determined 


When 

County 

Clerk 

Arranges 

Names 

When 

More 

Than One 
Assembly 
District 


State 

Senator 

and 

Assembly- 

man 

Alphabet¬ 
ical in 
Cities 


Independent 

Candidates 






318 


CALIFORNIA ELECTION LAWS 


When 

Omitted 


Secretary 
of State 
Arranges 
Propositions 

Attorney 

General 

Furnishes 

Ballot 

Titles 


Ballot 
Titles by 
Electors 


Duty of 
Secretary 
of State 


ent” printed to the right thereof, shall be placed 
on the ballot next below the names of the other 
candidates for the same office; provided, however, 
that in the case of judicial officers and school offi¬ 
cers the word ‘‘Independentshall be omitted. 

Propositions—Ballot Titles 

3. The order in which all questions and propo¬ 
sitions (including proposed laws and constitutional 
amendments), which are to be submitted to the 
vote of the electors, shall appear upon the ballot 
shall be determined by the secretary of state. The 
attorney general shall provide and return to the 
secretary of state a ballot title or designation by 
which all such questions, propositions, proposed 
laws and constitutional amendments shall be des¬ 
ignated upon the ballot; provided, however, any 
person w T ho is interested in any question, proposi¬ 
tion, proposed law or constitutional amendment, 
the petition as to which is being circulated for 
the purpose of having the same submitted under 
an initiative petition, as provided in section 1 
of article IV of the constitution, to a vote of the 
electors, or any proposed constitutional amend¬ 
ment to be submitted to a vote of the electors, 
may, at any time prior to one hundred and thirty 
days before the election at which such question, 
proposition, proposed law or constitutional amend¬ 
ment is to be submitted to a vote of the electors, 
file a copy of said question, proposition, proposed 
law or proposed constitutional amendment with 
the secretary of state, together with a request that 
a ballot title be prepared for the same; such re¬ 
quest shall be accompanied with the address of 
the person or association of persons proposing such 
measure. The secretary of state shall forthwith 
transmit a copy of said question, proposition, pro¬ 
posed law or constitutional amendment to the at¬ 
torney general. Within ten days after the same 
is filed with him, said attorney general shall pro¬ 
vide and return to the secretary of state a ballot 
title for said measure. The ballot title may be 
distinguished from the legislative or other title of 
the measure and shall express in not exceeding 
one hundred words, the purpose of the measure. 


CALIFORNIA FLECTION LAWS 


319 


In making such ballot title, the attorney general 
shall give a true and impartial statement of the 
purpose of the measure and in such language that 
the ballot title shall not be an argument or likely 
to create prejudice either for or against the meas¬ 
ure. Immediately upon receipt of the ballot title 
as prepared by the attorney general, the secre¬ 
tary of state shall mail to any and all persons 
who may have requested the preparation of such 
ballot title, a notice addressed to such person or 
persons at the address accompanying such request, 
, stating that the attorney general has made and 
j returned such ballot title, which notice shall also 
contain a copy of the ballot title as prepared by 
the attorney general. Any person who is dissatis¬ 
fied with the ballot title prepared by the at¬ 
torney general for any such question, proposition, 
| proposed law or constitutional amendment may, 
after the same has been returned to the secretary 
of state as hereinbefore provided, and within ten 
days after said notice shall have been mailed by 
! the secretary of state, as above provided, file in 
writing with the secretary of state his objec¬ 
tions, who shall forthwith file a copy of such ques- 
' tion, proposition, proposed law or constitutional 
amendment, together with the title thereof as so 
prepared by the attorney general and the said 
objections thereto, with the board of title com¬ 
missioners, which board shall consist of the three 
justices of the district court of appeal of the 
State of California, in and for the third appellate 
district, who shall be ex officio title commissioners 
for the purposes of this act and which board is 
hereby created; said board shall fix a time at 
which any person may be heard either for or 
against the objection so made and shall notify 
! all persons of the time so set and thereupon said 
j board of title commissioners shall proceed to con- 
I sider the said title prepared by the attorney gen¬ 
eral and the objections filed thereto, and shall 
I prepare a title by wdiich such question, proposi¬ 
tion. proposed law or constitutional amendment 
shall be designated upon the ballot. Said title 
commissioners shall certify the said designation 
to the secretary of state within ten days after 


Duty of 

Attorney 

General 

Clear 

Language 

Electors 

Notified 


When Dis¬ 
satisfaction 


Board of 
Title 
Commis¬ 
sioners 


Certification 







320 


CALIFORNIA ELECTION LAWS 


Designation 


Ballots 
not over 
24 inches 
long 


How 

Printed 


said written objections have been received by 
them. The determination by the said board of 
title commissioners shall be final and conclusive. 
Such questions, propositions, proposed law and 
constitutional amendments shall be designated on 
the ballot by the said ballot title certified to the 
secretary of state by the said attorney general, or 
in case a different title has been prepared, certi¬ 
fied and filed by the said board of title commis¬ 
sioners, then such title shall be the title and 
designation by which any such question, proposi¬ 
tion, proposed law or constitutional amendment 
shall be designated upon the ballot. 

Printing and Size of Ballots 

4. All ballots shall be not to exceed twenty- 
four inches in length, and shall be three inches 
in width, and as many times such width as may 
be necessary to contain the names of all candi¬ 
dates nominated, with proper blank spaces to 
allow the voter to write in names not printed on 
the ballot, and also a separate column or columns 
of sufficient width for statements of all ques¬ 
tions, propositions or constitutional amendments 
submitted to vote of the electors. Each group of 
candidates to be voted on shall be headed by the 
designation of the office and the words “Vote 
for One” or “Vote for Two” or more, accord¬ 
ing to the number to be elected to such office; 
such designation of the office and of the number of 
candidates to be voted for shall be printed in 
heavy-faced gothic type not smaller than ten 
point. The word or w T ords designating the office 
shall be printed flush w T ith the left-hand margin 
and the words “Vote for One” or “Vote for 
Two” or more, as the case may be, shall extend 
to the extreme right of the column and over the 
voting square. The designation of the office and 
the directions for voting shall be separated from 
the names of the candidates by a light line. The 
names of the candidates for such office shall be 
# printed in eight point roman type (capitals) in 
proper order below the designation of the office, 
and in the same line in which the name of the 
candidate is printed and at the right of the name, 


CALIFORNIA ELECTION LAWS 


321 


or immediately below the name if there shall not 
be sufficient space to the right thereof, shall be 
printed in eight point roman type (lower case) 
the designation of the political party or parties by 
or on behalf of which such candidate has been 
nominated, the first political party so designated 
being the party with which such candidate was 
affiliated thirty-five days before the date of the 
primary election, as ascertained by the secretary 
of state from the affidavit of registration of such 
candidate in the office of the county clerk in the 
county in which such candidate resides; provided, 
that when a candidate has been nominated by 
petition, the word, 11 Independent, ’ ’ shall be printed 
to the right of his name, and provided, also, that 
as to candidates for judicial offices and school 
offices the designation of the political party or 
parties, or the word “ Independent, ’ ’ if there be 
an independent candidate, shall be omitted. The 
name of the candidate, and the designation of the 
political party or parties by which he has been 
nominated shall be printed in a space three- 
eighths of an inch in depth, and shall be defined 
by light horizontal ruled lines, with a blank space 
on the right thereof three-eighths of an inch 
square, which blank space (called the voting 
square) shall be made use of by the voter to des¬ 
ignate, by stamping a cross (X) therein and after 
the name of the candidate, his choice of particular 
candidates. 

Offices Arranged in Order 

5. The names of the candidates for an office 
shall not be separated from each other on the 
ballot by names of candidates for any other of¬ 
fice, and the list of candidates for each office shall 
be separated from the list of candidates for other 
offices by a double rule, above and below such 
list. Each series of the lists of candidates for 
the several offices shall be headed by the word 
‘ 1 State, ’’ 11 Congressional, ’ ’ 11 Legislative, ’ ’ 

“County,” or “Municipal” or other proper gen¬ 
eral classification, as the case may be, printed in 
heavy faced gothic capital type, not smaller than 
twelve point, each such word being separated from 


Independent 

Candidates 


Party 

Designation 


Classifica¬ 

tion 





CALIFORNIA ELECTION LAWS 


Ballot 

Border 


Voting 

Square 


Ballots 
Bound 
on left 
side 

Stub 


Number 


Perforated 

Line 


.322 

the names of the candidates beneath by a three- 
point line. 

Binding of Ballots 

6. The left-hand side of each column of names 
on the ballot, and also the right-hand side of 
each column of voting squares, shall be bordered 
by a broad printed line one-twelftli of an inch 
wide. The ballot shall be so printed as to give 
each voter a clear opportunity to designate, by 
stamping a cross (X) in a blank enclosed space 
hereinbefore designated as the voting square, on 
the right of and after the name of each candi¬ 
date whose name is printed on the ballot, his 
choice of particular candidates, or his choice of 
each and all of a group of candidates as provided 
in subdivision 2 of this section. The binding 
or stitching of each package of ballots shall be 
on the left side thereof. The ballot shall be 
printed on the same leaf with a stub not over 
one and one-half inches in width and separated 
therefrom by a perforated line from top to bot¬ 
tom, one-half inch to the left of the broad printed 
line along the left border of the ballot. Upon 
this stub shall be printed the number of the bal¬ 
lot only. On each ballot a perforated line shall 
extend across the top of the ballot one inch from 
the top thereof. The same number as appears 
on the stub shall be printed above said perforated 
line within two inches of the perforated line on 
the left hand side of the ballot, and above this 
number shall be printed in parenthesis, in small 
type, as follows: (This number is to be torn off 
by inspector); and one-half inch to the right of 
this ballot number there shall be a short perfor¬ 
ated line extended from the perforated line along 
the top of the ballot to the top edge of the ballot. 
Immediately above said perforated line shall be 
printed in black-face lower case type at least 
twelve point in size, and enclosed in a parenthe¬ 
sis, the following “ (Fold ballot to this perforated 
line, leaving top margin exposed.) ’ ’ Above this 
printed direction, and midway between it and the 
top edge of the ballot, shall be printed in black¬ 
face capital type at least twelve point in size, 


CALIFORNIA ELECTION LAWS 


323 


and with the four middle words underlined or 
otherwise made prominent, the following: “MARK 
CROSSES (X) ON BALLOT ONLY WITH RUB¬ 
BER STAMP; NEVER WITH PEN OR PENCIL.” 
The number on each ballot shall be the same as that 
on the corresponding stub, and the ballots and stubs 
shall be numbered consecutively in each county. 
All ballots printed by county clerks or registrars 
of voters other than the separate ballots contain¬ 
ing the names only of candidates for city and 
county offices, printed by the county clerks or 
registrars of voters of consolidated cities and 
counties, shall have printed immediately below 
the perforated line along the top of the ballot, 
and above the instructions to voters, the words 
in capital type at least twelve point in size the 
words “GENERAL TICKET,” followed by the 
respective number of the congressional, senatorial, 
and assembly district in which the ballot is to be 
voted; and all ballots printed by county clerks 
or registrars of voters of consolidated cities and 
counties containing the names of city and county 
offices, and also all ballots printed by the clerk, 
registrar of voters, or secretary of a legislative 
body of any incorporated city or town, shall have 
printed in the same manner below the perforated 
line the words “MUNICIPAL TICKET.” All 
municipal ballots shall be printed upon paper of 
a different tint from that of the general ballot. 
Uniformity in Ballots 

7. All of the ballots of the same sort prepared 
by any county clerk or registrar of voters, or 
clerk or secretary of a legislative body, or other 
person having charge of the preparing of such 
ballots, for the same polling place, shall be pre¬ 
cisely the same size, arrangement, quality and 
tint of paper, and kind of type, and shall be 
| printed with black ink of the same tint, so that 
| without the numbers on the stubs it shall be im- 
i possible to distinguish any one of the ballots 
l from the other ballots of the same sort; and the 
names of all candidates printed upon the ballot 
shall be in type of the same size and character. 


“X” 


Numbering 


General 

Ticket 


M unicipal 
Ticket 


Uniform 

Ballots 







Terms 


Separate 
Column for 
Propositions 


Voting 


324 CALIFORNIA ELECTION LAWS 

Designation of Terms 

8. If two or more officers are to be elected for 
the same office for different terms, the terms for 
which each candidate for such office is nominated 
shall be printed on the ballot as a part of the 
title of the office. If at a general election an 
office is to be filled for a full term, and also for 
a vacancy in another term, the list of candidates 
for the full term shall be placed on the ballot under 
the designation of the office with the words “Full 
Term” printed immediately thereafter, and the list 
of candidates to fill the vacancy shall be placed on 
the ballot under the designation of the office with 
the words “Short Term” printed immediately 
thereafter. 

Propositions 

9. Whenever any question, proposition or con¬ 
stitutional amendment is to be submitted' to the 
vote of the electors, there shall be printed at 
the right of the last column of names of candi¬ 
dates, another column, or columns of sufficient 
width, with voting squares, in which such ques¬ 
tion, proposition or constitutional amendment 
shall be designated, which designation shall con¬ 
sist of a statement prepared as herein provided 
for, and opposite such question, proposition or 
constitutional amendment to be voted on, in sepa¬ 
rate lines, the words “Yes” and “No” shall be 
printed. If an elector shall stamp a cross (X) 
in the voting square after the printed word ' 
“Yes,” his vote shall be counted in favor of 
the adoption of the question, proposition or con¬ 
stitutional amendment; if he shall stamp a cross 
(X) after the printed word “No,” his vote shall 
be counted against the adoption of the same. • 

Instructions 

10. On the top of the face of the ballot, the 
following directions shall be printed: 

Instructions to Voters: 

To vote for a candidate of your selection, stamp 
a cross (X) in the voting square next to the 
right of the name of such candidate. Where two 
or more candidates for the same office arc to be 



CALIFORNIA FLECTION LAWS 


325 


elected, stamp a cross (X) after the names of 
all the candidates for that office for whom you 
desire to vote, not to exceed, however, the 
number of candidates who are to be elected. To 
vote for a person not on the ballot, write the 
name of such person under the title of the of¬ 
fice in the blank space left for that purpose. 

To vote on any question, proposition or consti¬ 
tutional amendment, stamp a cross (X) in the 
voting square after the word “Yes” or after 
the word “No.” All marks, except the cross 
(X) are forbidden. All distinguishing marks or 
erasures are forbidden and mark the ballot void. 

In elections when electors of president and 
vice-president of the United States are to be 
chosen, there shall be placed upon the ballot in 
addition to the instructions to voters as above 
provided an additional instruction as follows: 
“To vote for all or a group of persons, stamp a 
cross (X) in the square opposite such group,” 
this instruction appearing immediately before the 
words: “To vote for a person not on the ballot.” 

If you wrongly stamp, tear or deface this bal¬ 
lot, return it to the inspector of election and ob¬ 
tain another. 

31. Except as to the order of the names of 
cafididates, the ballots shall be printed substan¬ 
tially in the following form: (Approved May 7, 
1919.) 


Instructions 


Group 

Voting 

Spoiled 

Ballot 




N 

a 

a 


! iTKIt I.IHKI «• M I*™ •*» 
»V ln«p»et«rl 


2247 


MARK CROSSES (X) ON BALLOT ONLY WITH RUBBER STAMP ; NEVER WITH PEN OR PENCIL 

(Fold Ballot to this Perforated Line, leaving Top Margin exposed) 


rr.i»«>NaTKi> in 


GENERAL TICKET—7th CONGRESSIONAL, 38th SENATORIAL, 72nd ASSEMBLY DISTRICT 


To voU for e candidate of your (election (lamp a cro»» (X) in the voting square next to tte right of the name of (neb candidate 
Where two or more candidates for the same office are to be elected, (tamp a cron (X) after the names of all the candidates for 
that office for whom you desire to vote, not to exceed, however, the number of candidates who are to be elected. To vote for all 
or a group of pertdni, (tamp a cross (X) in the square opposite such group. To vote for a person not on the bedlot, write the 
name of such person under the title of the office in the blank space left for that purpose. Tp vote on any question, proposition or constitutional amendment, stamp a cross (X) in the voting square after the 
word Yes" or afles the word "No." All marks, except the cross (x) are forbidden. All distinguishing marks or erasures are foNndden and make the ballot void. If yon wrongly (tamp, tear or deface 
this ballot, return it to the Inspector of Election and obtain another 


INSTRUCTIONS TO VOTERS: 


STATE 


FOR ELECTORS OF PRESIDENT AND VICE 
PRESIDENT OF THE UNITED STATES 

Vole lor Thirteen 


JOHN SMITH. Democratic 

: Toprf 

5 (roup 
> 

CHARLES BROWN. Democratic 

| i 

JOSEPH CANNON, Democratic 

£ 

• s 

i * 

C. P HENRY, Democratic 

( 1 

CEORCE A- HALL. Democratic 

5 

• 

X 

JOHN BORT. Democratic 

e 

• 

» 

- : ■ 

FRANK COOD. Democratic 

1 

ROBERT HANSON’, Democrats 

□ 

- ■ % 

FRANK HANLON, Democratic 

r 

* 

FRED MARTIN. Democratic 

• « 

r ?( 

CHARLES B HAMILTON. Democrat* 

1! 

WALTER PERRY, Democratic 

! 

3 

JOHN CRAM AM. Democratic 

• 

Rod or 
frvop 

CEORCE P GOLDEN. Socialist 

■ Top of 

; «rnup 
> 

THOMAS GIBSON. Socialist 

: ? 

5 

i _ 

HENRY GARDNER. Sociali.t 

1 i 

CHARLES M FRENCH. Socialist 

i t 

i 

DAVID FOWLER. Sociali.t 

: ? 

• s 

_; x 

LOUIS FREEMAN. Socialist 

c 

• 

a 

JACOB DUNBAR. Socialist 

i 1 

HENRY DOYLE. Socials*! 

□ 

• 

HERMAN DAVIS. Socialist 

\ 4= 

! j? 

FRED CLARK. Socialist 

ill 

ROBERT BURNETT. Socialist 

I ff 

JOHN BUSH NELL. Socialist 

i K 

l 

CHARLES MARTIN. Socialist 

: End of 

CTOUP 

ANDREW LEWIS, Prohibnion 

: Top of 

: «To.ip 
> 

JAMES CONNORS. Prohibition 

• A 

! ? 

HENRY HOFFMAN. Prohibition 

* 

* ; 

! » 

FRANK CHURCH. Prohibition 

i 

i i 

5 x 

CEORCE WATSON. Prohibition 

*• 

| 

• 

—— : I 

EDWARD PEASE, Prohibition 

! i 
• a 

-m: M 

ROBERT LLOYD. Prohibition 

i * 

_i—i 

ROBERT PRINCE Piohibition 

□ 

PHILIP ROBERTSON. Prohibttioo 

! J 

• s* 

CEORCE CARPENTER. Prohibition 

: ; ; 

HENRY SIMMES. Prohibition 


DANIEL ENOW. Prohibition 

I ?! 

WALTER SCOTT. Prohibition 

i 

■ End «t 
■roup 


FOR ELECTORS OF PRESIDENT AND VICE 
PRESIDENT OF THE UNITED STATES 


EDWARD KING. Republican 


FRED TYLER. Republican 


WILLIAM BROOKS. Republican 


JOHN GORMAN. Republican 


FRANK McCLURE. Republican 


HARRY WRIGHT. Republican 


CHARLF.S YOUNC. Republican 


DAVID HALL. Republican 


EUGENE CAHILL. Republican 


ANDREW GREEN, Repubbcan 


EDWARD WHITE. Republican 


JAMES CIBSON. Republican 


CEORCE MERRILL. Republican 

















—- 









--- 1 



I 


i 

4= 

• « 

I! 

• s 

fi 

5 ! 

B 

9 


CONGRESSIONAL 

n ■ I 

-■UNITED STATE SENATOR Vote foe One! 

■ — - 

3 PHILIP BANCROFT. 

B Republican. Progressive 

1 1 

1 1 

3 J J- SCOTT. Democrat 


3 FRANK WILLARD EMERSON.Prohibition 





■representative IN CONGRESS, 

] SEVENTH DISTRICT Vote lor Onef 

I AJ WALLACE Republicao. Progressive 


nl E A. DENNKE. Democratic 


i| 


LEGISLATIVE 


■state senator, f 

I THIRTY EIGHTH SENATORIAL DISTRICTj 

VoU for Onef 

■ MB HARRIS. Republican. Progressive 


9 SAMUEL MURPHY. Democratic 


9 STEPHEN H TAFT.'Prohibition 




ImEMBER OF THE ASSEMBLY. li 

1 SEVENTY SECOND DISTRICT Vote for On«| 

IRC FERNALD. 

1 Republican. Progressive. Democratic 


I FREDERICK HEAD. Prohibition 




JUDICIAL 


■judge OF THE SUPERIOR COURT L 

. Vote lor On«| 

1 CHARLES S. WHEELER 


I BYRON E. PADDOCK 




COUNTY 


■supervisor. i 

1 FOURTH DISTRICT Vote for One! 

1 ALBERT E SMITH 


efl 



QUESTIONS AND PROPOSITIONS 
IBS 


SUBMITTED TO VOTE OP ELECTORS 


Senate Constitutional Amendment 
Number a— Relating to the public school 
system and support o( public *ehooU 


'For the Sute Hi«hway Act” 


Ye» 


No 


Yes 


No 




sa5£3 














































































































































































MARK CROSSES (X) ON BALLOT ONLY WITH RUBBER STAMP; NEVER WITH PEN OR PENCIL 


3347 


- 

i 


rKapomarun link 


(Fold Ballot to this Perforated Line, leaving Top Margin exposed) 

GENERAL TICKET—7th CONGRESSIONAL, 38th SENATORIAL, 72nd A8SEMBLY DISTRICT 


To vote for a candidate of your selection stamp a cross lX> In the voting square 
next to the right of the name of such candidate. Where two or more candidates 
for the same office are to be elected, stamp a cross (X> after the names of all the 
candidates for that office for whom you desire to vote, not to exceed, however, 
the number of candidates who are to be elected. To vote for a person not on the ballot, write the name of such person under the title of the 
office in the blank space left for that purpose. To vote on any question, proposition or constitutional amendment, stamp a cross (X) in the 
voting square after.the word "Yes'' or after the word “No." All marks, exceot the cross »X> are forbidden. All distinguishing marks or erasures 
are forbidden and make the bailor void. If you wrongly stamp, tear or deface this ballot, return it to the Inspector of Election and obtain another. 


INSTRUCTIONS TO VOTERS: 


STATE 

Attorney General um> 

].. T WILLIAMS. Republican, Democrat 
Prohibition 


Governor t* % o* 


JOHN*C KELLY. Republican 


JOHN MASTERS. Socialist 


THOMAS G ADAMS. Democrat 




FRANK K. BROWN. Prohibition 


Surveyor Geuerol w> f mtm 





HENRY SULLIVAN. Democrat 




j Lieutenant Governor Mtiu«* 

JOHN BENSON. Republican 


1. G STEVENS. Republican. Prohibition 


WILLIAM FULLER. Prohibition 


H DEAN. Democrat. Socialist 




N DUFFY. People's Party 


Superintendent of Pdrfk In strut lion **<-«• 





'C C THOMPSON 




Ouef lustier of the Supreme Court rnbia 

1 W MASON 

A. L SMITH 


JOHN LAW / 

HENRY MeBRIDE 




inaWr Siotr luf of tpMk/alioi foortH Dslntl »*»•««* 



Asttoote Justices of the Supreme Court ’* t- 

FRANK MATTHEWS. Republican 


ARTHUR COREY 


JAMES HANDLEY. Democrat 



JOHN WHITE 


FRANK MARK. Soculi.i. Prohibition 



" 







CONGRESSIONAL 

Secretory of Stole *- 

h* *• 

Untied StXes, Senator Mbu 

CLINTON STOLZ. Democrat. Republican 


JOHN McCULLOUCH. Republican. 

Prohibition 


ARCH DENNY. Socialist 


T H BERK1IART. Democrat 


CLAUDE PIERSON. Labor Party 


A L CURTIS. $pciaK»t 






Controller mbit 

leptBeaLkivT ■ Courts. Strati (Mjrosmi Otund uvb 

HENRY SIMPSON. Democrat 


ALLAN WHITE. Republican 


TOMES JONES. Sodrikt. Republican 


CEORCE MURRAY. Democrat 


JOHN MADISON. People'* Party 


EDGAR SHANNON. Prohibition 


—J-—- 




Treasurer "*•»*» 


EDGAR ALLEN. Prohibition 


FREDERICK LUKENS. Republican, * 
Democrat 






LEGISLATIVE 


SUIr Stator. !fcrV*Xt VuOraf felnd won 


H G» CHAPIN. Democrat. Prohibition 


C S COLBY. Socialist 


T 1C JONES. Republican 


Senate Constitutional Amendment 
Number 4 —Relating to the public school 
system and support of public schools. 

Yes 

No 


'For the Slate Highway Act” 

Yes 


No 



Me tf UK fcsatWy. Wity-aud Ostnct Mt tm ta 


T J KERR. Republican. Prohibition 


A. K SPAULDING. Democrat 


COUNTY 


ludge of to Superior Court 


LUCIEN EARLE 


SILAS MACKEY 


Sheriff 


M C CONNELLY 


L MIND. Democrat 





















































































































































Attorney 

General 

Prepares 

Title 


Not over 
100 Words 


Each 

Section 

Contains 

Title 


Twenty 

Word 

Title 


Filing 


Application 
of Section 


328 CALIFORNIA ELECTION LAWS 

Petitions—Duties of Attorney General 

1197a. It shall be the duty of the propon¬ 
ents of any initiative measure relating to the 
constitution or the laws of the State of Califor¬ 
nia, prior to circulating any petition for signa¬ 
tures thereon, to submit a draft of said petition 
to the attorney general with a request that he 
prepare a title, and summary of the chief pur¬ 
poses and points of said proposed measure. Such 
title and summary shall forthwith be prepared 
in the manner provided for the preparation of 
ballot titles in paragraph 3 of section 1197 of the 
Political Code. Said title and summary shall not 
exceed one hundred words in all. 

Title and Summary 

1197b. The proponents of any proposed initia¬ 
tive measure shall place upon each section of the 
petition in relation thereto above the text of the 
measure the title and summary referred to in sec¬ 
tion 1197a of the Political Code not exceeding one 
hundred words in all. Across the top of each page of 
any petition asking that any act or section, or 
part of any act of the legislature be submitted 
to the electors for their approval or rejection, 
there shall be printed in twelve-point black face 
type the following: 

“Referendum Against an Act Passed by the Legis¬ 
lature ’ ’ 

Across the top of each page after the first page 
of every initiative, referendum or recall petition 
or section thereof which may be prepared and 
circulated in accordance with law there shall be 
printed in eighteen-point gothic type a short title, 
in not to exceed twenty words, showing the na¬ 
ture of the petition and the subject to which it 
relates. No officer chargeable by law with re¬ 
ceiving or filing in his office any initiative, ref¬ 
erendum or recall petition shall receive or file 
any such petition which does not conform with 
the provisions of this section. This section shall 
apply only to initiative, referendum and recall 
measures affecting the constitution or laws of the 
state, or state officers. 


CALIFORNIA ELECTION LAWS 


329 


Ballots, Binding and Recording 

1198. All ballots, when printed, shall be bound 
» in stub books, each book to consist of ten, or 

some multiple of ten, ballots and so issued. A 
record of the number of ballots printed by them 
shall be kept by the respective county clerks, and 
by the clerk or secretary of the legislative body 
of each incorporated city or town. 

Ballots—Quantities, Destruction of Unused 

1199. The county clerk or registrar of voters 
of each county shall provide for each election 
precinct in the county ten general tickets for 
every eight or fraction of eight electors registered 
in the election precinct for such election; and an 

! additional ten ballots for each election precinct 
I that has less than thirty registered electors; pro¬ 
vided, that no ballot pad used or provided for 
any election shall contain less than ten general 
! tickets for such election, and in case of a con¬ 
solidated city and county, an equal number of 
municipal tickets, when any city and county offi¬ 
cers are to be elected and the clerk or secretary 
i of the legislative body of any incorporated city 
or town shall furnish a like number of municipal 
tickets when any city or town officer is to be 
j elected. And upon the day of election, immedi- 
j ately upon the arrival of the hour when the polls 
are required by law to be closed, the county clerk 
in each county shall openly in his main office, in 
the presence of as many persons as may there 
assemble to observe his act, proceed to destroy 
I every unused ballot which shall have remained 
: in his possession, custody, or control, and forth¬ 
with make and file his affidavit, in writing, as to 
the number of ballots so destroyed. 

Ballots—Correction of Errors 

1200. Whenever it shall appear by affidavit 
that an error or omission has occurred in the 
publication of the name or description of the 

! candidates nominated for office, or in the printing 
of the ballots, the Superior Court of the county, 
or the Judge thereof, shall, upon application by 


Multiples 
of Ten 

Ballot 

Record 


Ten for 
Eight 


No less than 
Ten Ballots 
to Pad 


Applies 
in Cities 


Destruction 
of Unused 
Ballots 


-Judge 

Orders 

Correction 



330 


CALIFORNIA ELECTION LAWS 


County 

Clerk 

Causes 

Delivery 


Packages 

Sealed 


When City 
Clerk Acts 

Receipts 


Inspector 
Signs 


Messengers 


Affidavit 
pf Loss 


an elector, by order, require the county clerk to 
correct such error, or to show cause why such 
error should not be corrected. 

Ballots, Delivery—Action When Lost 

1201. Before the opening of the polls at any 
election within any county, the county clerk of 
the county shall cause to be delivered to the 
Boards of Election of each election precinct 
which is within the county, and in which the 
election is to be held, at the polling place of the 
election precinct, the proper number of general 
tickets of the kind to be used in the election 
precinct, in sealed packages, with marks on the 
outside clearly designating the precinct or polling 
place, for which they are intended, and the num¬ 
ber of ballots inclosed, and in case of a consoli¬ 
dated city and county, also a like number of 
municipal tickets; and the clerk or secretary of 
any incorporated city or town shall in like man¬ 
ner cause to be delivered the proper number of 
municipal tickets. The county clerk, clerk, or 
secretary shall prepare a receipt for each polling 
place, enumerating the packages and stating the 
time and day and date when the same were de¬ 
livered by him to the Inspectors of Election. The 
Inspectors of Election shall sign said receipt upon 
receipt of the packages, which shall forthwith 
be returned and filed. The county clerk, clerk, 
and secretary, respectively, shall have authority 
to employ such messengers as may be necessary 
to insure the safe and expeditious delivery of 
the ballots to the Inspectors or Judges of Elec¬ 
tion (as provided in this Code, and the Board of 
Supervisors, or other Board or Body having the 
control of elections, shall allow such messengers 
a reasonable compensation for their services, to 
be paid as other election expenses are paid. In 
case of the prevention of an election in any pre¬ 
cinct by the loss or the destruction of the bal¬ 
lots intended for that precinct, the Inspector, or 
other election officer for that precinct shall make 
an affidavit setting forth -the fact, swear to the 
same, before an officer authorized to administer 
oaths, and transmit it to the Governor of this 


CALIFORNIA ELECTION LAWS 


331 


State. Upon receipt of such affidavit, the Gov¬ 
ernor may order a new election in such precinct, 
and upon the application of any candidate for 
* any office to be voted for by the electors of such 
precinct, the Governor shall order a new election 
in such precinct. 

* * * * 

Ballot Boxes, Booths, Stamps and Stamp Pads 

1203. All officers upon whom is imposed, by 
law of the State, the duty of designating polling 
places, shall cause such polling places to be suit¬ 
ably provided with a ballot-box, to be marked 
on the outside “General Tickets,’’ and when any 
city, city and county, or town officers are to be 
elected, a second ballot-box, to be marked on the 
outside “Municipal Tickets”; and shall also pro¬ 
vide a sufficient number of places, booths, or com¬ 
partments, at or in which voters may conveniently 
mark their ballots, so that in the marking thereof 
they may be screened from the observation of 
others, and a guardrail shall be so constructed 
and placed that only such persons as are inside 
said rail can approach within six feet of the bal¬ 
lot-boxes, and of such booths or compartments. 
The arrangement shall be such that neither the 
ballot-boxes nor the box booths or compartments 
shall be hidden from the view of those just out¬ 
side the said guard rail. The number of such 
voting booths or compartments shall not be less 
than one for every forty electors qualified to 
vote in the precinct. No person other than elect¬ 
ors engaged in receiving, preparing, or deposit¬ 
ing their ballots shall be permitted to be within 
said rail before the closing of the polls, except 
by authority of the Board of Election, and then 
only for the purpose of keeping order and enforc¬ 
ing the law. Each of said voting booths or com¬ 
partments shall be kept provided with proper sup¬ 
plies and conveniences for marking the ballots; 
provided, that no such supplies or conveniences 
shall be furnished other than the ink pads and 
stamps by which a cross (X) may be made as 
herein provided for. And the election officers 
shall especially see that the stamps and ink pads 


When 

Governor 

Acts 


When 

Separate 

Ballot 

Boxes 

Voting 

Booths 


Not 

Hidden 

Quantity 

of 

Booths 


Pads and 
“X's” 




332 


CALIFORNIA ELECTION LAWS 


Solid 

Rubber 

“X” 


When 

Pencil 

Used 


Name and 
Address 
Written on 
Roster 


Announcing 


Change of 
Name 


Comparison 

of 

Signature 


required are at all times in such booths and in 
condition for proper use; and all officers upon 
whom is imposed by the law the duty of designating 
polling places, shall supply each polling place 
with several stamps and several ink pads for each 
booth, and such stamps shall be so made that a 
cross (X) may be made with either end of such 
stamp, and the same must be so constructed that 
the portion with which such cross (X) is to be 
made shall not be fastened on by any glue or like 
substance which may loosen when wet, but the 
said stamp shall be one solid piece; provided, 
however, that nothing herein contained shall pre¬ 
vent an elector from using a pencil for the pur¬ 
pose of writing in on the ballot the name of any 
candidate for whom he desires to vote. [Ap¬ 
proved May 6, 1919.] 

Procedure of Voter Before Receiving Ballot 

1204. Any person desiring to vote shall write 
his or her name and address (or if he or she be 
unable to write, shall have the same written for 
him or her) on a roster of voters provided for 
that purpose and announce the same to one of 
the election officers, who shall then in an audible 
tone of voice announce the same, and if another 
election officer finds the name on the register, he 
shall in a like manner repeat the name and ad¬ 
dress, whereupon a challenge may be interposed 
as provided in section 1230 of this code. In case 
the surname of any female person offering to 
vote has been changed by reason of marriage or 
divorce since registration such person shall sign 
her name as it was before such marriage or di¬ 
vorce and also her name as it is at the time she 
votes, indicating on the roster by brackets or 
other means, that the two names are the names 
of one person. In all cases except in those where 
the name and address of the voter is written on 
the roster of voters for him, as above provided, 
it shall be the duty of the election officer, in the 
presence and view of the bystanders, to compare 
the signature of the voter on the roster of voters 
with the signature of that person on the register 
and no ticket shall be given such voter until such 


CALIFORNIA ELECTION LAWS 


333 


comparison of signatures shall have been made, 
and until such a comparison has been made, as 
aforesaid, the right of a voter to vote may be 
challenged. If the challenge be overruled, the 
election officer shall give the voter a ticket and 
the clerk shall write on the register opposite the 
name of the voter the number of the general 
ticket given him and also the number of the 
municipal ticket given him when any city, city 
and county or town officer is to be elected and the 
voter shall be allowed to enter the place enclosed 
by the guard rail as above provided. The elec¬ 
tion officer shall give him but one general ticket 
and where any city, city and county or town offi¬ 
cers are to be elected also one municipal ticket 
and only one ballot of each kind and in order to 
prevent voters from marking their ballots with 
a pencil, or otherwise contrary to law, it shall 
be the duty of the election officer whenever he 
shall deliver a ballot to any voter to then orally 
distinctly state to him, so that it may be heard 
by bystanders, that he must mark the ballot with 
the stamp provided by law or it will not be 
counted. 


May be 
Challenged 

Number 
of Ballot 
entered on 
Registration 
Affidavit 


Oral 

Instructions 
to Voter 


Receipt of Ballot—Method of Marking—Depositing 
in Ballot Box 

1205. On receiving his ballot the elector shall 
forthwith, and without leaving the enclosed space, 
retire alone to one of the places, booths, or com¬ 
partments provided, to prepare his ballot. In vot¬ 
ing he shall stamp a cross (X) in the voting 
square after the name of every candidate for 
whom he intends to vote, and this shall be counted 
as a vote for each person after whose name 
the voter has stamped such cross, or he may vote 
for a candidate or person whose name is not 
printed on the ballot by writing a name for such 
office in the blank space left therefor, in which 
latter case the vote of such voter for that office 
shall be counted for the person whose name is so 
written. Where two or more candidates for the 
same office are to be elected, and the voter de¬ 
sires to vote for candidates for that office, he 
must stamp a cross (X) after the names of all 


Stamping 
with “X” 


Write-ins 


334 


CALIFORNIA ELECTION LAWS 


“X” Only 
Used 


Voter 
Must Fold 
Ballot 


Announcing 


“Voted" 

Written 

Number 

Destroyed 


One Voter 
in Booth 

Ten Minute 
Limit 


the candidates for that office for whom the voter 
desires to vote, not exceeding, however, the num¬ 
ber of candidates who are to be elected. 

In case of a question, proposition or constitu¬ 
tional amendment, submitted to the vote of the 
electors, the voter shall mark his ballot by stamp¬ 
ing in the appropriate voting square a cross (X) 
opposite the answer he desires to give as to such 
question, proposition or constitutional amendment. 
All crosses shall be made only with a stamp, 
which with necessary pads and ink, shall be pro¬ 
vided by the officers who by law are required to 
furnish election supplies for each booth or com¬ 
partment provided for the marking and prepara¬ 
tion of ballots. Before leaving such booth or com¬ 
partment the elector shall fold his ballot in such 
a manner that the number of the ballot and the 
endorsement on the back shall appear on the out¬ 
side thereof, without displaying the marks on the 
face thereof, and shall keep it folded until he 
has voted. Having folded his ballot, the voter 
shall deliver it folded to the Inspector, who shall 
announce in an audible tone of voice the name 
of the voter and the number of his ballot. If the 
Ballot Clerk having in charge the register or affi¬ 
davits of registration finds such number to cor¬ 
respond with the number marked opposite the 
voter’s name on the register or affidavit of regis¬ 
tration, he shall, in like manner, repeat the name 
and number, and shall write opposite the name 
the word ‘ 1 voted. ” The Inspector shall then 
separate the slip containing the number from the 
ballot, deposit the ballot in the box and immedi¬ 
ately destroy such numbered slip. 

Voting Booths, How Occupied—Time Allowed 

1206. Not more than one person shall be per¬ 
mitted to occupy any one booth, at one time, and 
no person shall remain in or occupy a booth 
longer than necessary to prepare his ballot, and 
in no event longer than ten minutes. The board, 
having charge and control of elections shall not 
furnish for use in the voting compartments any 
other or additional means or method by which a 
ballot may be marked than the ink pads and rub- 


CALIFORNIA FLECTION LAWS 


335 


ber stamps by which a cross (X) may be made as 
provided for in this code; provided, however, that 
nothing herein contained shall prevent an elector 
from using a pencil for the purpose of writing in 
on the ballot the name of any candidate for whom 
he desires to vote. [Approved May 6, 1919.] 

Procedure When Ballots Are Spoiled 

1207. Any voter who shall spoil a ballot shall 
return such spoiled ballot to the Ballot Clerk 
and receive another one in its place, one at a 
time, not to exceed three in ail. All the ballots 
thus returned will be immediately cancelled, and, 
with those not distributed to the voters, shall be 
returned with the registered list and ballots, as 
now provided in sections 1263 .and 1264 of this Code. 
Every elector who does not vote the ballot delivered 
to him shall, before leaving the polling place, return 
such ballot to the Ballot Clerks having charge 
of the ballots, who shall immediately cancel the 
same and return them in the same manner as 
spoiled ballots. The Ballot Clerks shall account 
for the ballots delivered to them by returning a 
sufficient number of unused ballots to make up, 
when added to the number of official ballots 
cast and the number of spoiled ballots re¬ 
turned, the number of ballots given to them, and 
it shall be the duty of the officers receiving' such 
returned ballots to compel such an accounting; 
and immediately upon the closing of the polls, 
and before any ballot shall be taken from the 
ballot boxes, or either thereof, the Ballot Clerks 
must, in the presence of all persons in the room 
who may desire to observe the same, proceed to 
deface every unused or spoiled ballot, by draw¬ 
ing across the face thereof, in writing ink, with 
a pen, two lines which shall cross each other, and 
said Ballot Clerks shall thereupon immediately, 
and before any ballots be taken from the ballot- 
box, or either thereof, place all said ballots thus 
defaced within an envelope and seal said enve¬ 
lope, and thereupon a majority of the election offi¬ 
cers shall immediately write their names across 
the sealed portion of said envelope, 


Pencil for 
Write-ins 


M ust 
Return 

Cancelled 
at once 


Must 

Return 

Unused 

Ballot 


Accounting 
for Ballots 


How 
Defaced 
Cancelled 
and Sealed 


336 


CALIFORNIA ELECTION LAWS 


Officers 

Assist 

Voter 


Party 

Affiliation 


Affidavit 


Form of 
Affidavit 


Affidavit 
Returned 
to Clerk 


Voters, How Assisted by Election Officers 

1208. When it appears from the register that 
any elector has declared under oath, when he reg¬ 
istered, that he cannot read, or that by reason of 
physical disability he is unable to mark his bal¬ 
lot, he shall, upon request, receive the assistance 
of two of the officers of election, of different po¬ 
litical parties, in the marking thereof, to be 
chosen as follows: One by the Inspector then 
receiving the ballots, and the other by the Judge 
of the opposite political party which at the last 
election cast the highest number of votes through¬ 
out the State, and in the event there are more 
Judges than one of said party, then by the one 
of said Judges who shall be named by said In¬ 
spector. Neither of the persons appointed shall 
be of the same political party with the person 
appointing, nor shall either of said persons so 
making said appointments appoint the other for 
said purposes. Such officers shall thereafter give 
no information regarding the marking of said 
ballot. The officers making such appointments 
shall make the same in writing, and sign the 
same, and upon the same paper the persons so ap¬ 
pointed shall subscribe and take the following 
oath before assisting such elector: 

State of California, county of-, Assembly 

district number -, - precinct, ss. 

-and -, being duly sworn, each 

for himself, says that he is one of the officers of 

election appointed to assist - (here insert 

name of the elector) in marking his ballot, and 
that he will not give any information, now or 
hereafter, regarding the same. 


Subscribed and sworn to before me, this 
day of -, A. D. -. 


Said affidavits may be sworn to before any offi¬ 
cer of election competent to administer an oath, 
and the same, with the indorsements thereon, 
shall be returned to the County Clerk, as provided 
in section 1261 of this Code. 

















CALIFORNIA ELECTION LAWS 


337 


Assisted Voters’ Lists 

Lists of the voters who have been assisted in 
marking their ballots shall be kept by the Clerks 
keeping the poll lists, and shall be returned and 
preserved as the poll lists are returned and pre¬ 
served. As amended March twenty-third, eighteen 
hundred and ninety-three. 

Mandatory to Remove Numbers From Ballot 

1209. No member of the Board of Election 
shall deposit in the ballot-box any ballot from 
which the slip containing the number of the bal¬ 
lot has not been removed by the Inspector. 

Sample Ballots, Precinct Cards, Instruction Cards— 
Quantities—Duties of Clerk 

1210. The county clerk of each county, or, in 
case of separate city or town elections, the clerk 
or secretary of the legislative body of such city 
or town, shall cause to be printed, on plain white 
paper, without watermark, at least as many copies 
of the form of ballots provided for use in each 
voting precinct as there shall be registered voters 
in such precinct. Such copy shall be designated 
11 sample ballot” upon the face thereof. Said 
clerk or secretary shall commence to mail the 
same, postage prepaid, to registered voters not 
more than twenty-five nor less than ten days 
before the day fixed by law for such election and 
shall have all of the same mailed at least seven 
whole days before the day of election; provided, 
that not more than one sample ballot shall be fur¬ 
nished to any one voter; and further, provided, 
that for any general election the number of sample 
ballots printed shall not exceed the total registra¬ 
tion by more than fifteen per cent of such registra¬ 
tion. Such clerk or secretary shall also enclose in 
the envelope with each of said ballots a card stating 
the location of the precinct polling place of each 
elector. Only official matter shall be sent out in 
such envelope. Such clerk or secretary shall cause 
to be printed in. large, clear type, on cards, in¬ 
structions for the guidance of electors in obtaining 
and marking their ballots, and he shall furnish 
twelve such cards to the board of election in each 


Assisted 

Voters 

Lists 

Kept 


Ballot 

Number 

Removed 


Official 
Paper 
Not Used 
for Samples 

Quantity 


Mailing 
10 to 25 
Days before 
Election 

Limit 
7 Days 

Quantity 

Limited 


Precinct 

Cards 


12 

Instruction 
Cards to 
Precinct 


338 


CALIFORNIA ELECTION LAWS 


Card? 

Posted 


Void 

Ballots 


When not 
Void 


When not 
Counted 


Write-in 

and 

Stamping 

“X" 


When Not 
Invalid 


election precinct in his county, at the same time 
and in the same manner as the printed ballots and 
sample ballots. The board of election shall post at 
least one of such cards in each booth or compart¬ 
ment provided for the preparation of ballots, and 
not less than three of such cards at other places 
in and about the polling place, on the day of elec¬ 
tion. Sections 1214 and 1215 of this code, and sec¬ 
tion 61 of the Penal Code, shall also be printed on 
each of said cards. 

Ballots, When Void and When Not Void 

1211. 1. In canvassing the votes any ballot 

which is not marked as provided by law shall be 
void; but such ballot must be preserved and re¬ 
turned with the other ballots; provided, however, 
that two or more impressions of the voting stamp 
in one voting square, or a cross (X) made partly 
within and partly without a voting square or 
space shall not make such ballot void. Any name 
written upon a ballot shall be counted for such 
name for the office under which it is written, pro¬ 
vided it is written in the blank space therefor, 
whether or not a cross (X) is stamped or made wdth 
pen or pencil, in the voting square after the name 
so written. 

2. If a voter marks more names than there are 
persons to be elected to an office, or if, for any 
reason, it is impossible to determine the voter's 
choice for any office to be filled, his ballot shall not 
be counted for such office. 

3. If a voter stamps in the voting square after 
the name of any candidate and also writes the 
name of a person for such office in the blank space, 
such act does not invalidate his ballot, but his vote 
shall not be counted for any person for that office, 
but as to all other offices the ballot must be counted 
for the candidates opposite whose names •the ballot 
is stamped in the voting squares. 

4. No mark upon a ballot which is unauthorized 
by this act shall be held to invalidate such ballot, 
unless it shall appear that such mark was placed 
thereon by the voter for the purpose of identify¬ 
ing such ballot, 


CALIFORNIA ELECTION LAWS 


339 


Voters, Power to be Absent From Employment 

1212. Any person entitled to vote at a general 
election held within this State shall, on the day of 
such election, be entitled to absent himself from any 
service or employment in which he is then engaged 
or employed, for the peripd of two consecutive 
hours between the time of opening and the time of 
closing the polls; and such voter shall not, because 
of so absenting himself, be liable to any penalty, 
nor shall any deduction be made on account of such 
absence from his usual salary or wages. 

Illegal Handling of Nomination Certificates and 
Official Ballot Paper 

1213. No person shall falsely make or fraudu¬ 
lently deface or destroy any certificate of nomina¬ 
tion, or any part thereof, or file any certificate of 
nomination, knowing the same, or any part thereof, 
to be falsely made, or suppress any certificate of 
nomination which has been duly filed or any part 
thereof, or to make, use, keep or furnish to others, 
except as in this Code so directed, any paper water¬ 
mark in imitation of ballot paper, or disclose the 
same to any person not engaged in making, printing 
or distributing of ballot paper or ballots. 

No Removal or Defacing of Supplies 

1214. No person shall, during an election, re¬ 
move or destroy any of the supplies or other con¬ 
veniences placed in the voting booths or compart¬ 
ments, as provided in this Code, for the purpose 
of enabling the voter to prepare his ballot. No per¬ 
son shall, during an election, remove, tear down, 
or deface the cards printed for the instruction of 
voters. 

Secrecy Mandatory 

1215. No officer of election shall disclose to any 
person the name of any candidate for whom any 
elector has voted. No officer of election, nor any 
person, shall do any electioneering on election day 
within one hundred feet of any polling place. Un¬ 
less otherwise provided by law no person shall re¬ 
move any ballot from any polling place before the 
closing of the poll. Unless otherwise provided by 


Two Hours 
Time 


No Penalty 


No 

I mitation 

Ballot 

Paper 


No 

Destruction 
of Supplies 


What 
Election 
Officer 
Must Not 
Disclose 


340 


CALIFORNIA ELECTION LAWS 


Secrecy 
on part 
of Voter 


No Elec¬ 
tioneering 
Within 
100 Feet 
of Polls 


When 
Registrar 
and Election 
Commission¬ 
ers Act 


law no person shall apply for or receive any ballot 
at any election precinct other than that in which he 
is entitled to vote. No person shall show his ballot 
after it is marked to any person in such a way as to 
reveal the contents thereof, or the name or names 
of the candidate or candidates for whom he has 
marked his ballot; nor 'shall any person, except a 
member of the board of election, receive from any 
voter a ballet prepared by such voter, or examine 
such ballot, or solicit the voter to show the same. 
No person shall ask another at a polling place for 
whom he intends to vote. Unless otherwise provided 
by law no voter shall receive a ballot from any 
other person than one of the election officers; nor 
shall any other person than an election officer, or 
other officer authorized by law so to do, deliver a 
ballot to such voter. No voter shall deliver to the 
board of election, or to any member thereof, any 
ballot other than the one he has received from the 
election officer or other officer duly authorized by 
law to furnish him with such ballot. No voter shall 
place any mark upon his ballot by which it may 
be afterwards identified as the one voted by him. 
No person shall solicit a vote or speak to a voter 
on the subject of marking his ticket within one 
hundred feet of the polling place. 

Powers Exercised by Registrar of Voters and Elec¬ 
tion Commissioners 

1216. In all counties, and cities and counties, in 
this State, having a Registrar of Voters and a 
Board of Election Commissioners, the powers con¬ 
ferred and the duties imposed by this Code upon 
the County Clerks and other officers, in relation to 
matters of election and polling places, shall be 
exercised and performed by such Registrar of Vot¬ 
ers and Board of Election Commissioners, and all 
certificates of nomination, nomination papers, or 
election papers, required by this Code, or by law to 
be filed with or presented to the County Clerk shall 
be filed with or presented to the Registrar of Voters; 
and the deputies or clerks in the office of the regis¬ 
trar of voters or the election commission shall have 
all the powers of the deputies of the county clerk 
in matters relating to elections; provided, however, 


CALIFORNIA ELECTION LAWS 


341 


that in all counties and cities and counties in this 
state having a registrar of voters, but no board of 
election commissioners, other than the board of su¬ 
pervisors acting as such ex officio, the powers and 
duties imposed by this code or the laws of this state 
upon county clerks in relation to matters of elec¬ 
tion and polling places, shall be exercised and per¬ 
formed by such registrar of voters, and all certifi¬ 
cates of nomination, nomination papers and election 
papers required by this code or by law to be filed 
with or presented to the county clerk shall be filed 
with or presented to the registrar of voters and the 
deputies or clerks in the office of registrar of voters 
shall have all the powers of the deputies of the 
county clerk in matters relating to elections. 
* * * * 

VOTING AND CHALLENGING OF VOTERS 
Time Voting Begins 

1224. Voting may commence as soon as the polls 
are opened, and may be continued during all the 
time the polls remain open. 

* * * * 

Poll Lists 

1229. Each clerk must keep a list of persons vot¬ 
ing, and the name of each person who votes must 
be entered thereon and numbered in the order of 
voting. 

Challenge, Grounds For 

1230. A person offering to vote may be orally 
challenged by any elector of the county upon either 
or all of the following grounds: 

1. That he or she is not the person whose name 
appears on the register. 

2. That he or she has not resided within the 
state one year next preceding the election. 

3. That he or she has not been a naturalized citi¬ 
zen of the United States for ninety days prior to 
the election. 

4. That he or she has not resided within the 
county for ninety days preceding the election. 

5. That he or she has not resided within the 


Papers 

Filed 

with 

Registrar 


Poll List 


Causes for 
Challenges 


342 


CALIFORNIA ELECTION LAWS 


Causes 

for 

Challenges 


Oath of 
Voter 


Must be 
Sworn 


Questions 


precinct for thirty days next preceding the election. 

6. That he or she has before voted that day. 

7. That he or she has been convicted of an in¬ 
famous crime. 

8. That he or she has been convicted of the em¬ 
bezzlement or misappropriation of public money. 

9. That he or she cannot read as required by the 
constitution, and does not appear by statement in 
the affidavit of registration to be entitled to vote 
notwithstanding such inability. 

Oath When Identity is Questioned 

1231. If the challenge is on the ground that he 
is not the person whose name appears on the Great 
Register, the Inspector must tender him the fol¬ 
lowing oath: 

“You do swear (or affirm) that you are the per¬ 
son whose name is entered on the Great Register. ” 

Oath When Residence in State is Questioned 

1232. If the challenge is on the ground that he 
has not resided in the State for one year next pre¬ 
ceding the election, the person challenged must be 
sworn to answer questions, and after he is sworn 
the following questions must be propounded to him 
by the Inspector: 

1. Have you resided in this State for one year 
immediately preceding this election? 

2. Have you been absent from this State within 
one year immediately preceding this election? If 
yes, then, 

3. When you left, did you leave for a temporary 
purpose, with the design of returning, or for the 
purpose of remaining away? 

4. Did you, while absent, regard this State as 
your home ? 

5. Did you, while absent, vote in any other 
State ? 

And such other questions as may be necessary to 
a determination of the challenge. 

Oath When Residence in County or Precinct is 
Questioned 

1233. If the challenge is on the ground that he 
has not resided in the county for ninety days, or 


CALIFORNIA ELECTION LAWS 


343 


precinct for thirty days next preceding the elec¬ 
tion, the person challenged must be sworn to an¬ 
swer questions, and after he is sworn, the follow¬ 
ing questions must be propounded to him by the 
Inspector: 

1. When did you last come into this county or 
election precinct? 

2. When you came into this county or precinct, 
did you come for a temporary purpose merely, or 
for the purpose of making it your home? 

3. Did you come into this county or precinct for 
the purpose of voting here? 

And such other questions as may be necessary to 
a determination of the challenge. 

Oath When Challenged for Previous Voting 

1234. If the challenge is on the ground that the 
person challenged has before voted that day, the 
Inspector must tender to the person challenged this 
oath: 

“You do swear (or affirm) that you have not be¬ 
fore voted this day.” 

Conviction of Crime as Ground for Challenge 

1235. If the challenge is on the ground that the 
person challenged has been convicted of an infam¬ 
ous crime, or that he or she has been convicted of 
the embezzlement or misappropriation of public 
money, he or she must not be questioned, but the 
fact may be proved by the production of an authen¬ 
ticated copy of the record, or by the oral testimony 
of two witnesses. If the challenge is on the ground 
that the person challenged can not read as required 
by the constitution, and it does not appear by the 
statement in the affidavit of registration that said 
person is entitled to vote notwithstanding such in¬ 
ability, the challenge shall be determined by the 
board by the inspection of the said affidavit, and 
bv requiring the person offering to vote (if it does 
not appear from said affidavit that the person is 
entitled to vote notwithstanding such inability) to 
read any consecutive one hundred words of the con¬ 
stitution of the state selected by the judges. 

Other Grounds for Challenge 
J236. Challenges upon the grounds either: 


Must be 
Sworn 


Questions 


Oath 


Copy of 
Court 
Record 
Required 


When 
Elector 
Can Not 
Rear} 





344 


CALIFORNIA ELECTION LAWS 


Oath 

Required 


Not 

Allowed 
to Vote 


Public 

Service 


1. That the person challenged is not the person 
whose name appears on the Great Register; 

2. That the party has before voted on that day; 
—are determined in favor of the party challenged 
by his taking the oath tendered. 

Oath When Challenged on Ground That Voter is 
Not Person Shown on Great Register 

1237. If the challenge is on the ground that the 
person challenged is not the person whose name ap¬ 
pears on the Great Register, he must take the oath 
tendered by the Board. Challenges for causes other 
than those specified in the preceding section must 
be tried and determined by the Board of Election 
at the time of the challenge. 

Refusal of Voter to Take Oaths—Not Allowed to 
Vote 

1238. If any person challenged refuses to take 
the oaths tendered, or refuses to be sworn and to 
answer the questions touching the matter of resi¬ 
dence, he must not be allowed to vote. 

How Residence is Determined 

1239. The Board of Election, in determining the 
place of residence of any person, must be governed 
by the following rules, as far as they are applicable: 

1. That place must be considered and held to be 
the residence of a person in which his habitation is 
fixed, and to which, whenever he is absent, he has 
the intention of returning; 

2. A person must not be held to have gained 
or lost residence by reason of his presence or ab¬ 
sence from a place while employed in the service of 
the United States, or of this State, nor while en¬ 
gaged in navigation, nor while a student of any 
institution of learning, nor while kept in an alms¬ 
house, asylum, or prison; 

3. A person must not be considered to have lost 
his residence who leaves his home to go into an¬ 
other state, or precinct in this state, for temporary 
purposes merely, with the intention of returning; 

4. A person must not be considered to have 
gained a residence in any precinct into which he 
comes for temporary purposes merely, without the 
intention of making such precinct his home; 


CALIFORNIA ELECTION LAWS 


345 


5. If a person remove to another state with 
the intention of making it his residence, he loses 
his residence in this state; 

6. If a person remove to another state with 
the intention of remaining there for an indefinite 
time, and as a place of present residence, he loses 
his residence in this state, notwithstanding he en¬ 
tertains an intention of returning at some future 
period; 

7. The place where a man’s family resides must 
be held to be his residence, but if it be a place for 
temporary establishment for his family, or for 
transient objects, it is otherwise; 

8. If a man have a family fixed in one place, and 
he does business in another, the former must be 
considered his place of residence; provided, that, 
any man having a family, and who has taken up 
his abode with the intention of remaining, and 
whose family does not so reside with him, must be 
regarded as a resident where he has so taken up 
his abode; 

9. The residence of the husband is the residence 
of the wife except in the case mentioned in the 
proviso in subdivision 8 hereof. 

10. The mere intention to acquire a new resi¬ 
dence, without the fact of removal, avails nothing, 
neither does the fact of removal, without the in¬ 
tention. 

Computing Term of Residence 

1240. The term of residence must be computed 
by including the day on which the person’s resi¬ 
dence commenced, and by excluding the day of the 
election. 

When Rules Must Be Read 

1241. Before administering an oath to a person 
touching his place of residence, the Inspector must, 
if requested by any person, read to the person chal¬ 
lenged the rules prescribed by sections 1238 and 
1239. 

* * * * 

Challenge List 

1243. The Board must cause one of the clerks 
to keep a list, showing: 


How to 

Determine 

Residence 


Exclusive 
of Election 
Day 


Under 
Sections 
1238, 1239 




340 


CALIFORNIA ELECTION LAWS 


Challenge 

Lists 


Public 
Canvass a-« 
Soon as 
Polls Close 


Ballot 

Count 


Laid 

Aside 


When 

Rejected 


Excess 
Drawn and 
Destroyed 

Record 


1. The names of all persons challenged. 

2. The grounds of such challenges. 

3. The determination of the Board upon the 
challenge. 

* * * * 

CANVASS OF VOTES—RETURNS BY 
ELECTION OFFICERS 

Public Continuous Canvass 

1252. As soon as the polls are finally closed the 
Judges must immediately proceed to canvass the 
votes given at such election. The canvass must be 
public, in the presence of bystanders, and must be 
continued without adjournment until completed and 
the result thereof is declared. 

How Begun 

1253. The canvass must be commenced by tak¬ 
ing out of the box the ballots, unopened, except so 
far as to ascertain whether each ballot is single, 
and counting the same to ascertain whether the 
number of ballots corresponds with the number of 
names on the list of voters kept by the clerks. 
(Approved May 7, 1919.) 

Ballots Folded Together—When Rejected 

1254. If two or more separate ballots are found 
so folded together as to present the appearance of 
a single ballot, they must be laid aside until the 
count of the ballots is completed; then, if upon com¬ 
parison of the count with the number of names of 
electors on the lists which have been kept by the 
clerks, it appears that the two ballots thus folded 
together were cast by one elector, they must be re¬ 
jected. 

Quantity of Ballots to Agree With Number of 
Voters 

1255. The ballots must be immediately replaced 
in the box, and if the ballots in the box exceed in 
number the names on the lists, one of the Judges 
must publicly, and without looking into the box, 
draw out therefrom singly, and destroy, unopened, 
a number of ballots equal to such excess; and the 
Board of Election must make a record, upon the 


CALIFORNIA FLECTION LAWS 347 

poll list of the number of ballots so drawn and de¬ 
stroyed. 

1 Signatures of Election Officers on Lists 

1256. The number of ballots agreeing or being 
thus made to agree with the number of names on 
the lists, the lists must be signed by the members 
of the Board and attested by the Clerks, and the 
number of names thereon must be set down in words 
and figures at the foot of each list, and over the 
signatures of the Judges and the attestation of the 
Clerks, substantially in the form prescribed in sec¬ 
tion 1174. 

Counting and Stringing of Rejected Ballots 

1257. After the lists are thus signed, the Board 
must proceed to open the ballots and count and 
ascertain the number of votes cast for each person 
voted for. At all elections where a general ticket 
and a municipal ticket are used, the canvass of the 
general ticket shall be completed before the can¬ 
vass of the municipal ticket is commenced. All 
ballots rejected for illegality must be indorsed upon 
the ballot the cause of such rejection, and signed by 
a majority of the Election Board, and thereafter 
strung upon a string. 

Tally Lists 

1258. Each clerk must write down each office to 
be filled, and the name of each person marked in 
each ballot as voted for to fill such office, and keep 
the number of votes by tallies, as they are read 
aloud. Such tallies must be made with pen and 
ink or indelible pencil as the name of each candi¬ 
date voted for is read aloud from the respective 
ballot, and immediately upon the completion of the 
tallies the clerks who respectively complete the 
same must draw two heavy lines in ink or 
indelible pencil from the last tally mark to 
the end of the line in which such tallies terminate, 
and also write the initials of the person making 
the last tally in such line. The ballot so read and 
the tally sheet so kept, must, during the reading and 
tallying, be within the clear view of watchers of 
the count. (Approved May 7, 1919.) 


Signed by 
Election 
Officers 
and 

Attested 


General 

Tickets 

First 


Rejected 

Ballots 

Endorsed 


Tally 

Lists 

Pen and 
Ink or 
Indellible 
Pencil 
Used 


Public 

Tally 



348 


CALIFORNIA ELECTION LAWS 


Strung 

and 

Sealed 


Lists 

Signed and 
Attested 


Returns 


Posting 
Result of 
Votes 


Copy of 
Result Not 
Sealed 


When Mis¬ 
demeanor 


Stringing and Sealing of Ballots 

1259. The ballot, as soon as the names marked 
on it as voted for are read and verified, must be 
strung on a string by one of the Judges, and must 
not thereafter be examined by any person, but must 
as soon as all are counted, be carefully sealed in a 
strong envelope, each member of the Board writing 
his name across the seal. 

Signing and Attesting of Lists 

1260. As soon as all the votes are counted and 
the tickets sealed up, lists must be attached to the 
tally lists containing the names of persons voted for 
and for what office, and the number of votes given 
for each candidate, the number being written at full 
length, and such lists must be signed by the mem¬ 
bers of the Board and attested by the Clerks, sub¬ 
stantially in the form in section 1174 given. 

Returns to Clerk—Posting of Result of Vote 

1261. The Board must, before it adjourns, in¬ 
close in a cover, and seal up and direct to the 
County Clerk, the copy of the register upon which 
one of the Judges marked the word “voted” as 
the ballots were received, all certificates of regis¬ 
tration received by it, one of the lists of the per¬ 
sons challenged, one copy of the list of voters, and 
one of the tally lists and list attached thereto. The 
Board must also, before it adjourns, post conspicu¬ 
ously, on the outside of the polling place, a copy 
of the result of the votes cast at such polling place; 
such copy of the result must be signed by the mem¬ 
bers of the Board, and attested by the Clerks. The 
Board must also immediately transmit unsealed to 
to the County Clerk a copy of the result of the 
votes cast at such polling place, which copy must 
be signed by the members of the Board, and which 
copy shall be open to the inspection of the public. It 
shall be a misdemeanor for any person to remove or 
deface such posted copy of the result or to delay 
or change the copy to be delivered to the Countv 
Clerk. 

Time Certain Lists Are Kept for Inspection of 
Public 

1262. The other list of voters, tally list, and list 


CALIFORNIA FLECTION LAWS 


349 


attached thereto must be sent to the county clerk 
or registrar, and retained by him open to inspec¬ 
tion of all electors for at least six months. 

Returns—Delivered by One Election Officer 

1263. The sealed packages containing the regis¬ 
ter, lists, papers, and ballots, must, before the Board 
adjourns, be delivered to one of its number, to be 
determined by lot, unless otherwise agreed upon. 
Delivery of All Packages—Promptness in Deliver¬ 
ing to County Clerk 

1264. The member to whom such packages are 
delivered, must, without delay, deliver such pack¬ 
ages without their having been opened, to the 
County Clerk, nearest postmaster, or sworn express 
agent, who shall endorse on such packages the 
name of the party delivering them, and date of 
such delivery. If delivered to a postmaster, or ex¬ 
press agent, such postmaster or express agent shall 
forward the packages by the first mail or express 
to the county seat. In the City and County of San 
Francisco, such packages must be delivered to the 
Registrar of Voters within three hours from the 
time of adjournment of the Board, which time of 
adjournment must be endorsed upon such package, 
and upon each poll list, in ink, and signed by a ma¬ 
jority of the members of such Board. In the City 
and County of San Francisco, the packages must be 
put up and sealed in the following manner, by an 
Inspector, and at least three other members of the 
Board, and be signed with their respective signa¬ 
tures across (flap) the same written. 

Packages 

One package to contain the voted ballots only; 
one package to contain one poll and tally list only; 
one package to contain the precinct registers, in¬ 
dex to register, list of voters challenged, and list 
of assisted voters; and one package to contain the 
unused ballots. 

Roster of Voters—Sealing and Delivery—On File 
in Office of Clerk 

1264a. The Board of Election must before it ad¬ 
journs, enclose in a cover and seal up and direct 
to the County Clerk or to the Registrar of Voters, 


Retained 

Six 

Months 


To whom 
Delivered 


No Delay 

Endorse¬ 
ment on 
Packages 


City and 
County of 
San 

Francisco 


What 

Packages 

Contain 


Roster 

Sealed 

and 

Delivered 



350 


CALIFORNIA ELECTION LAWS 


Kepi One 
Year 


Open to 

Public 

Inspection 


Kept 
Sealed 
One Year 

Destruction 


Opened 

for 

Contest 

When 

Court 

Orders 


in counties or cities and counties in this state, hav¬ 
ing a Registrar of Voters, the roster of voters and 
such sealed package containing such roster of vot- 
ters must be delivered to that one of its members 
who has been selected to deliver the other sealed 
packages required by law. This member must, with¬ 
out delay, deliver the package containing the roster 
of voters without its having been opened in the 
same manner and to the same persons and officials 
as he is required by law to deliver the other sealed 
packages entrusted to him by said Board. All 
rosters of voters must be kept in the office of the 
County Clerk or in the office of the Registrar of 
Voters in counties and cities and counties having 
a Registrar of Voters, as a public record, for a pe¬ 
riod of one year and when received by such County 
Clerk or Registrar of Voters, all packages contain¬ 
ing such rosters of voters shall be unsealed, and such 
rosters of voters shall at all times be open to the 
inspection of any citizen. The provisions of this 
section shall apply to all rosters of voters whether 
used at elections or primary elections. 

Ballots, Kept Sealed For One Year—Procedure in 
Event of Contest 

1265. On receipt of the packages the Clerk must 
file the one containing ballots, and must keep it 
unopened and unaltered for twelve months, after 
which time, if there is not a contest commenced in 
some tribunal having jurisdiction about such elec¬ 
tion, he must burn the package without opening or 
examining its contents; provided, however, that 
after the time limited for a contest, and in the 
event any contests have been commenced, then after 
said ballots have been opened and counted by the 
Superior Court in said contests, a Judge of the Su¬ 
perior Court of the county wherein said ballots were 
voted may order said packages to be opened for in¬ 
spection in any case being tried in his court where 
he has jurisdiction of the same, whenever he shall 
deem it necessary to inspect the ballots contained 
in said packages in order to produce testimony to 
establish the proof of any material issue of fact 
arising in the course of the trial of said case. In no 
event shall the said packages, or any of them, or 


CALIFORNIA ELECTION LAWS 


351 


the ballots contained therein, be taken from the 
custody of the County Clerk. Whenever said pack¬ 
ages, or any of them, shall have been inspected and 
examined, and a record made of the testimony there¬ 
in contained, the same shall be restored to the ex¬ 
clusive control and custody of the County Clerk, 
who shall reseal the packages with the ballots con¬ 
tained therein, and keep the same until he shall 
burn them, in accordance with the direction of 
this section; provided, further, that if in any Con¬ 
gressional district within this State there has been 
or shall be filed a contest of the election of any 
person declared to have been elected a member of 
Congress, and the County Clerk or Registrar of 
Voters in any county or city and county be noti¬ 
fied by the contestant, that such Congressional elec¬ 
tion contest is pending then and in that case such 
County Clerk or Registrar of Voters shall not de¬ 
stroy the ballots in that county or city and county, 
or in the part or portion thereof within such Con¬ 
gressional district in which such contest is pending, 
until the final determination of such contest before 
the House of Representatives of the Congress of 
the United States; and such County Clerk or Regis¬ 
trar of Voters shall hold such ballots in his custody 
subject to the inspection of any committee of the 
House of Representatives or sub-committee thereof, 
having in charge the investigation of such contest, 
and shall produce such ballots for examination be¬ 
fore any such committee of the House of Represen¬ 
tatives or sub-committee or before any Commissioner 
designated by such Congressional committee or sub- 
I committee or before any officer designated by act 
of Congress and duly selected to take depositions 
and proof in any such contest of the election of any 
person to Congress. 

Ballots, Destruction of 

1266. If within twelve months there is such a 
contest commenced, he must keep the package un¬ 
opened and unaltered until it is finally determined, 
when he must, as provided in the preceding sections, 
destroy it, unless such package is, by virtue of an 
order of tribunal in which the contest is pending, 
brought and opened before it, to the end that evi- 


Remain 
in Custody 
of Clerk 


Resealed 
by Clerk 


Not 

Destroyed 

During 

Contest 


Congres¬ 

sional 

Contest 


When 

Kept 

Longer 

than 

One Year 



352 


CALIFORNIA ELECTION LAWS 


When in 
Session 


F i rst 
Monday 
after 
Flection 


Returns 
Must all 
be in 
before 
Canvass 


When 

Additional 

Help 


dence may be had of its contents, in which event 
the package and contents are in the custody of such 
tribunal. 

Returns, Clerk to Produce Before Supervisors 

1267. The other package the Clerk must produce 
before the Board of Supervisors when it is in ses¬ 
sion for the purpose of canvassing returns. 

Filing of Copy of Register 

1268. As soon as the returns are canvassed the 
Clerk must take the copy of the register returned 
and file it in his office. 

rf * * * 

CANVASS BY SUPERVISORS—PROCEDURE 

IN DETAIL 

Date of Meeting for Canvass 

1278. The Board of Supervisors of each county 
must meet at their usual place of meeting, on the 
first Monday after each election, to canvass the re¬ 
turns. 

* * * * 

Causes for Delays in Canvass 

1280. If at the time of meeting, the returns from 
each precinct in the county in which polls were 
opened have been received, the Board must then and 
there proceed to canvass the returns; but if all the 
returns have not been received the canvass must be 
postponed from day to day until all of the returns 
are received, or until six postponements have been 
had. In any county or city and county where the 
number of election precincts in said city or city 
and county exceed five hundred, said board may ap¬ 
point several sets of clerks to perform the clerical 
work of the canvass and to assist in canvassing 
said returns; and several sets of clerks so appointed 
may, under the order and direction of said board, 
do and perform such work in the canvassing of 
such returns simultaneously. Said canvass may be 
made at such place in the county or city and county 
as the board may by order entered in its minutes 
designate and declare to be a necessity; provided, 
that where it shall be made at a place other than 
the usual place of meeting of such board, the place 


CALIFORNIA ELECTION LAWS 


353 


shall be open to the public and the canvass must 
be made in public, and the said board shall cause 
public notice to be posted at the usual place of 
meeting of said board in a conspicuous place for at 
least three (3) days before the time for making 
such canvass, and during all the time while such 
canvass is being made, which notice shall clearly 
and fully state the designation and description 
of the place where such canvass will be made and 
conducted. 

Method of Canvassing 

1281. The canvass must be made in public, and 
by opening the returns and estimating the vote 
of such county or township for each person voted 
for, and for and against each proposition voted 
upon at such election, and declaring the result 
thereof; and such count must be continued daily, 
•Sundays and holidays excepted, and for not less 
than six (6) hours each and every day until com¬ 
pleted. 

Procedure Where Returns Are Incomplete or In¬ 
correct 

1281a. If it shall appear that the returns from 
any precinct or precincts are incomplete, or am¬ 
biguous, or are not properly authenticated, or are 
otherwise defective, the board of supervisors, or 
canvassing board, or election commission may 
cause subpoenas to be issued and served, requir¬ 
ing the attendance before it of the election officers 
of such precinct or precincts, and upon the ap¬ 
pearance before it of the election officers or three- 
fourths of them from any such precinct or pre¬ 
cincts, may examine such election officers under 
oath concerning the manner in which the votes 
were counted in such precinct at such election, 
and the result of such count, and may require 
such election officers then and there to correct or 
complete such returns or the authentication there¬ 
of so that they shall truly show the votes that 
were cast in said precinct at such election for 
each candidate voted for and for or against each 
proposition voted upon thereat. Nothing herein 
shall be construed to authorize the opening of 
ballots except as provided by law. 


Public 

Canvass 

Notice 
Posted 
3 Days 


Continued 
Daily 
Except 
Holidays 
and Sundays 


When 

Election 

Board 

Must 

Attend 

Canvass 


Correction 
of Returns 


No Opening 
of Ballots 




354 


CALIFORNIA ELECTION LAWS 


What is 
Entered 
on Minutes 


“Scatter¬ 

ing” 


Mandatory 


When 
County 
Clerk Issues 
Certificate 
of Election 


Record of Canvass on Minutes 

1282. The Clerk of the Board must, as soon 
as the result is declared, enter on the records of 
such Board a statement of such result, which 
statement must show: 

1. The whole number of votes cast in the 
county; 

2. The names of the persons voted for, and the 
propositions voted upon; 

3. The office to fill which each person was 
voted for; 

4. The number of votes given at each precinct 
to each of such persons, and for and against each 
of such propositions; 

5. The number of votes given in the county to 
each of such persons, and for and against each 
of such propositions voted upon; 

6. Provided, however, that when it appears 
that the total number of votes cast for any person 
to fill an office to be filled by the votes of a 
single county, or subdivision thereof, amounts to 
less than one per cent of the total number of 
Azotes cast for such office, then in that event no 
record shall be kept of the vote cast for any such 
person, but all of the votes cast for all of such 
persons for such office shall be totaled, and such 
total shall be entered in the statement of the 
number of votes cast for the several candidates 
for such office, opposite the word ‘ 1 scattering. ’ } 

Board’s Declaration of Election 

1283. The Board must declare elected the per¬ 
son having the highest number of votes given for 
each office to be filled by the votes of a single 
county or subdivisions thereof. 

Clerk’s Certificate of Election 

1284. The county clerk must immediately make 
out and deliver to each of such persons voted for 
only in that county (except to those persons 
elected to the office of representative in congress, 
member of state board of equalization, superior 
judge, state senator or assemblyman), a certifi¬ 
cate of election, signed by him, and duly authenti¬ 
cated. 


CALIFORNIA ELECTION LAWS 


355 


Record and Abstract of State Returns 

1288. When there has been a general or special 
election for officers chosen by the electors of the 
state at large, or for judicial officers (except 
justices of the peace), or for members of the 
state board of equalization, or for representatives 
in congress or for senators and members of the 
assembly, each county clerk so soon as the state¬ 
ment of the vote of his county is made out and 
entered upon the records of the board of super¬ 
visors, must make out a certified abstract of so 
much thereof as relates to the votes given or cast 
for persons for said offices to be filled at such 
election, together with a statement of the whole 
number of votes cast in the county as specified 
in section 1282. Whenever there is a general or 
special election held within this state, and any 
proposed constitutional amendment or proposition 
to be voted for by the electors of the state at 
large, each county clerk, so soon as the state¬ 
ment of the vote is made out and entered upon 
the record of the board of supervisors must make 
out a certified abstract of such vote. 

Abstract Sent to Secretary of State 

1289. The Clerk must seal up such abstract, in¬ 
dorse it li Election Returns, ” and wdthout delay 
transmit it by mail or express to- the Secretary of 
State. 

Filing, Etc., by Secretary of State 

1290. On the fortieth day after the day of 
election, or as soon as the returns have been re¬ 
ceived from all the counties of the State, if re¬ 
ceived within that time (except in this Code other¬ 
wise provided), the Secretary of State must com¬ 
pare and estimate the vote, and make out and 
file in his office a statement thereof, and transmit 
a copy of such statement to the Governor, except 
in the cases of senators and members of the as¬ 
sembly in which cases, within said time, the secre¬ 
tary of state shall make out and deliver, or trans¬ 
mit by mail, to the persons elected a certificate 
of election. 


Certified 
Abstract 
of Votes 


Certified 
Abstract of 
Propositions 


Sent 

Sealed to 
Secretary 
of State 


Secretary 
of State 
Files 

Statement 

Copy to 
Governor 

Certificate 
of Election 


35(5 


CALIFORNIA ELECTION LAWS 


Mandatory 


Two 

Abstracts 
as to 
Governor 
and 

Lieutenant 

Governor 


Sealed and 
Endorsed 


One 
Copy to 
Speaker of 
Assembly 


Where 
Other 
Copy is 
Sent 


Canvass by 
Legislature 


Governor Issues Commissions 

129L Upon receipt of such copy, the Governor 
must issue commissions to the persons who from 
it appear to have received the highest number of 
votes for offices, except that of Governor or Lieu¬ 
tenant-Governor, to be filled at such election. 

Abstracts of Returns for Governor and Lieutenant- 
Governor 

1292. When an election has been held to fill 
the office of Governor or Lieutenant-Governor, the 
Clerk of each county, in addition to the abstract 
made for transmission to the Secretary of State, 
must, as soon as the statement of the vote of his 
county is made out and entered upon the records 
of the Board of Supervisors, make two certified 
abstracts of so much thereof as relates to the 
vote given for such officers. 

Abstract Sealed and Endorsed 

1293. The Clerk must seal up each abstract 
separately, and indorse thereon ( * Election Returns 
for Governor and Lieutenant-Governor. ” 

Abstract, Where One Copy Sent 

1294. He must at once direct one copy to 
“The Speaker of the Assembly next to meet,” ad¬ 
dress it to Sacramento, California, care of the secre¬ 
tary of state, and deposit it, postpaid, in the Post 
Office. 

Abstract, Where Other Copy Sent 

1295. The other copy he must direct and ad¬ 
dress in the same manner, and at once deliver it 
to a member elect of the Legislature, or to a Sena¬ 
tor who holds over; and the person to whom it is 
so delivered must deliver it to the Speaker on or 
before the second day after his election. 

Returns for Governor and Lieutenant Governor— 
Where and When Canvassed 

1296. The returns of election for Governor and 
Lieutenant-Governor must, during the first week 
of the session, be opened, canvassed, and the re¬ 
sult declared by the Speaker of the Assembly in 
the presence of both houses. 


CALIFORNIA ELECTION LAWS 


357 


Defect or Informality Does Not Invalidate 

1297. No declaration of the result, commission, 
or certificate must be withheld on account of any 
defect or informality in the return of any elec¬ 
tion, if it can with reasonable certainty be ascer¬ 
tained from such return what office is intended 
and who is elected thereto. 

* * * * 

ELECTORS FOR PRESIDENT AND 
VICE-PRESIDENT 

Time Elected 

1307. At the general election in each bissextile 
or leap year, unless by the laws of the United 
States another time is fixed, and then, at such 
time, there must be chosen by the qualified voters 
of the State, as many Electors of President and 
Vice-President of the United States as the State 
is then entitled to. 

Abstract from County Clerk 

1308. The Clerk of each county, as soon as the 
statement of the vote of his county at such 
election is made out and entered on the rec¬ 
ords of the Board of Supervisors, must make a 
certified abstract of so much thereof as relates 
to the vote given for persons for Electors of Pres¬ 
ident and Vice-President of the United States. 

Marked and Transmitted to Secretary of State 

1309. The Clerk must seal up such abstract, 
indorse it 11 Presidential Election Returns,” and 
without delay, transmit it to the Secretary of 
State by mail or express or in the manner here¬ 
inafter prescribed. 

Employment of Person to Convey Returns 

1310. If the County Clerk of any county has 
reason to believe that the abstract will not, in 
the due course of mail, reach the Secretary of 
State before the time fixed by law for canvass¬ 
ing the returns of such election, he may, with the 
approval of the Superior Judge, employ a person 
to convey and deliver such abstract to the Secre¬ 
tary of State, 


No Minor 
Act 

I nvalidates 


Every 

Fourth 

Year 


Certified 
Abstract 
of Votes 


Clerk 
Sends to 
Secretary 
of State 


Approval of 

Superior 

Judge 


358 


CALIFORNIA ELECTION LAWS 


Affidavit 
Must have 
Judge’s 
Endorsement 


30 Cent 
Mileage 
Allowed 
by State 


Secretary 
of State 
Certifies to 
Governor 


Governor 
Must Act 


? P. M. 
Second 
Monday in 
January 


Clerk’s Affidavit of Appointment 

1311. In the event provided for in the preced¬ 
ing section, the Clerk must make an affidavit, 
setting forth the reasons for his belief, and the 
name of the person employed by him, which 
affidavit, with the approval of the Superior Judge 
indorsed thereon, must be given to the person ap¬ 
pointed, and by him, with the abstract, must 
be delivered to the Secretary of State. 

Mileage of Messenger 

1312. The person appointed by the Clerk, after 
he delivers the abstract and statement, is entitled 
to receive as compensation mileage at the rate of 
thirty cents a mile from the county seat to the 
seat of government. His account therefor, certi¬ 
fied by the Secretary of State, must be audited 
by the Controller and paid out of the General 
Fund in the State Treasury. 

Comparison and Certification by Secretary of State 

1313. On the last Monday in the month of the 
election, or as soon as the returns have been re¬ 
ceived from all the counties in the State, if re¬ 
ceived before that time, the Secretary of State 
must compare and estimate the votes given for 
Electors, and certify to the Governor the names 
of the proper number of persons having the high¬ 
est number of votes. 

Issuance of Certificates by Governor 

1314. The Governor must, upon the receipt of 
such certificate, transmit to each of such persons 
a certificate of election, and on or before the day 
of their meeting deliver to the Electors a list of 
the names of Electors, and must do all other 
things required of him in the premises by any 
Act of Congress in force at the time. 

Meeting of Electors 

'1315. The Electors chosen must assemble at the 
seat of government on the second Monday in Janu¬ 
ary next following their election, at two o’clock 
in the afternoon. 


CALIFORNIA ELECTION LAWS 


350 


Filling of Vacancies by Electors 

131fi. In case of the death or absence of any 
Elector chosen, or in case the number of Electors 
from any cause be deficient, the Electors then 
present must elect, from the citizens of the State, 
so many persons as will supply such deficiency. 

Ballot of Electors 

1317. The Electors, when convened, must vote 
by ballot for one person for President and one 
person for Vice-President of the United States, 
one of whom, at least, is not an inhabitant of this 
State. 

Ballots for President and Vice-President to Be 
Separate 

1318. They must name in their ballots the per¬ 
sons voted for as President, and in distinct bal¬ 
lots the persons voted for as Vice-President. 

Lists of Votes 

1319. They must make distinct lists of all per¬ 
sons voted for as President, and of all persons 
voted for as Vice-President, and of the number of 
votes given for each. 

Lists Certified to—Sealed and Transmitted 

1320. They must certify, seal up, and transmit 
by mail such lists to the seat of government of 
the United States, directed to the President of the 
Senate. 

Compensation and Mileage of Electors 

1321. Presidential electors shall receive a com¬ 
pensation of ten dollars for their services as such 
elector, and mileage at the rate of ten cents per 
mile for each mile of travel from their domicile 
to the state eapitol and return. 

Accounts Certified to by Secretary of State, Audited 
by State Controller 

1322. Their accounts therefor, certified by the 
Secretary of State, must be audited by the Con¬ 
troller, who must draw his warrants for the same 
on the Treasurer, payable out of the General 
Fund. 


Filled by 
Electors 


By Ballot 


T allies 


Lists Sent 
to President 
of Senate 


$10.00 and 
10 Cent 
Mileage 


Paid by 
State 




360 


CALIFORNIA ELECTION LAWS 

CONGRESSIONAL ELECTIONS 


When Held 


When Held 


Secretary 
of State 
Certifies to 
Governor 


Governor 
Must Act 


Every 
Two Years 


Elections of United States Senators 

1332. Elections for senators in congress for full 
terms must be held at the general election, at 
which members of the legislature are elected, next 
preceding the commencement of the term to be 
filled. 

Vacancies Filled—Elections When Held 

1333. Elections to fill a vacancy in the term 
of a United States senator must be held at the 
general election or any special election held 
throughout the state next succeeding the occurrence 
of such vacancy. 

* * * * 

Comparison and Certification by Secretary of State 

1336. On the sixtieth day after the day of elec¬ 
tion, or as soon as the returns have been re¬ 
ceived from all of the counties of the state, if 
received within that time, the secretary of state 
must compare and estimate the votes given or 
cast for such persons for senator, and certify to 
the governor the person having the highest num¬ 
ber of votes in the state as duly elected. 

Issuance of Certificate by Governor 

1337. The governor must upon the receipt of 
such certificate, transmit to such person a certifi¬ 
cate of his election, sealed with the great seal and 
attested by the secretary of state. 

* * * * 

Election of Representatives in Congress 

1343. At the general election to be held in the 
year eighteen hundred and eighty, and at the 

general election every two years thereafter, there 
must be elected, for each congressional district, 
one Representative to the Congress of the United 
States. 

* * * * 

Comparison and Certification by Secretary of State 

1346. On the sixtieth day after the day of elec¬ 
tion, or as soon as the returns have been received 
from the counties of the State, comprising any 


CALIFORNIA ELECTION LAWS 


361 


one district, if received within that time, the 
Secretary of State must compare and estimate 
the votes given or cast for such Representatives, 
ancf certify to the Governor the person having the 
highest number of votes in each congressional dis¬ 
trict as duly elected. 

Issuance of Certificates by Governor 

1347. The Governor must, upon the receipt of 
such certificate, transmit to each of such persons a 
certificate of his election, sealed with the Great Seal 

and attested by the Secretary of State. 

* * * * 

Military Roll 

1897. * * * * For the purpose of facilitat¬ 

ing the making of the military roll by the assessor, 
it shall be the duty of the county clerk or officer 
authorized to make a register of voters in each 
county, to require a statement of every male voter 
at the time he applies for registration, as to whether 
or not such voter is subject to and qualified for 
military duty, and such statement shall be entered 
on the voter’s affidavit of registration. * * * * 

* * * * 

COUNTY AND TOWNSHIP ELECTIONS 
Elections, When Held 

4021. All elective county and township officers, 
except otherwise provided for in this title and by 
law, shall be elected at the general election at 
which the governor is elected, and shall take 
office at twelve o’clock meridian on the first Mon¬ 
day after the first day of January next succeed¬ 
ing their election. All officers elected under the 
provisions of this title shall hold office until their 
successors are elected or appointed and qualified. 
Supervisors shall be elected at the general elec¬ 
tion prior to expiration of the term of the incum¬ 
bent. The supervisors of any county created after 
the first day of July, nineteen hundred and seven, 
shall, within six months after the first general 
election succeeding the creation of such county, 
classify themselves by lot into two classes, as 
nearly equal in number as possible, and the term 


Secretary 
oft State 
Certifies to 
Governor 


Governor 
Must Act 


Begin 

Terms 

First 

Monday 

After First 

Day of 

January 


Classifica¬ 
tion of 
Supervisors 






In Charter 
Counties 


Six 

Months 
in Office 


20 Per Cent 
Petition 


362 CALIFORNIA ELECTION LAWS 

of office of the class having the greater number 
shall expire in two years from such general elec¬ 
tion, and the term of office of the class having 
the lesser number shall terminate in four years 
from such general election; provided, that, when¬ 
ever any county has heretofore framed and 
adopted a charter for its own government, under 
the provisions of section IV 2 of article XI of the 
constitution of this state, and such charter has 
been heretofore approved by the legislature, as 
provided in said section of the constitution, and 
such charter shall provide for the appointment of 
all or any of such county or township officers, 
then such officers first to be appointed under the 
provisions of such charter shall be deemed the 
successors of the like elective officers in office at 
the time of the approval of such charter, which 
elective officers shall continue to hold office for 
the term for which they were elected and until 
the appointment and qualification of their suc¬ 
cessors under such charter; and no election for 
any such officer whose successor is so to be ap¬ 
pointed shall be had at any election held subse¬ 
quent to the approval of such charter, except to 
fill a vacancy for an unexpired term. 

Elective Officials, Recall or Removal 

4021a. The holder of any elective office of 
any county or any township or supervisor district 
thereof may be removed or recalled at any time 
by the electors; provided, he has held his office 
at least six months. The provisions of this sec¬ 
tion are intended to apply to officials now in of¬ 
fice, as well as to those hereafter elected. The 
procedure to effect such removal or recall shall be 
as follows: A petition demanding the election of 
a successor to the person sought to be removed 
shall be filed with the county clerk, which peti¬ 
tion shall be signed by registered voters equal in 
number to at least twenty per cent of the entire 
vote cast within such county for all candidates 
for the office which the incumbent sought to be re¬ 
moved. occupies at the last preceding general 
election at which such officer was voted for (or 
a like percentage of such vote within those pre- 


CALIFORNIA ELECTION LAWS 


363 


, cincts of the county embraced within the dis¬ 
trict, township or subdivision of the county en¬ 
titled to vote for a successor to the officer named, 
* in case of an official not elected by the county at 
large), and shall contain a statement of the 
grounds on which the removal or recall is sought, 
which statement is intended solely for the infor¬ 
mation of the electors. Any insufficiency of form 
or substance in such statement shall in no wise 
affect the validity of the election and proceed- 
| ings held thereunder. The signatures to the peti¬ 
tion need not all be appended to the one paper. 
Each signer shall add to his signature his place 
of residence and occupation, giving street and 
j number, where such street and number, or either, 

' exist, and if no street or number exist, then such 
; a designation of the place of residence as will 
j enable the location to be readily ascertained. Each 
such separate paper shall have attached thereto 
an affidavit made by a qualified elector of the 
county (or particular subdivision of the county, 
as the ease may be) and sworn to before an offi- 
r cer competent to administer oaths, stating that 
the affiant circulated that particular paper and 
saw r written the signature appended thereto; and 
that according to the best information and belief of 
the affiant, each is the genuine signature of the per¬ 
son whose name purports to be thereunto subscribed 
and of a qualified elector of the county (or partic¬ 
ular subdivision thereof). Within ten days from the 
date of such filing such petition, the clerk shall ex¬ 
amine and from the records of registration ascertain 
whether or not said petition is signed by the 
requisite number of qualified electors, and he 
shall attach to said petition his certificate show¬ 
ing the result of said examination. If by the 
clerk’s certificate the petition is shown to be in¬ 
sufficient, it may be supplemented within ten days 
from the date of such certificate, by the filing of 
additional papers, duplicates of the original pe¬ 
tition except as to the names signed. The clerk 
shall, within ten days after such supplementary 
papers are filed, make like examination of the 
supplementing petition, and if his certificate shall 
show that all the names to such petition, includ- 


Contents 


Affidavit 


When 
Clerk Acts 

Clerk's 

Certificate 


Supplements 



Additional 

Help 

Allowed 


When 
Board 
Must Call 
Election 

35 to 40 
Days 

When 

General 

Election 


One 

Petition 
May Affect 
Several 
Officials 


No Party 
Affliation 


Arguments 
on Sample 
Ballot 


364 CALIFORNIA ELECTION LAWS 

ing the supplemental papers, are still insufficient, 
no action shall be taken thereon; but the petition 
shall remain on file as a public record; and the 
failure to secure sufficient names shall be without 
prejudice to the filing later of an entirely new 
petition to the same effect. If required by the 
clerk, the board of supervisors shall authorize 
him to employ, and shall provide for the compen¬ 
sation of, persons necessary in the examination 
of said petition and supplementing petitions, all 
in addition to the persons regularly employed by 
him in his office. In case the clerk is the officer 
sought to be recalled, the duties herein provided to 
be performed by him, shall be performed by some 
other person designated by said board, for that 
purpose. If the petition shall be found to be 
sufficient the clerk shall submit the same to the 
board of supervisors without delay, whereupon the 
board shall forthwith, cause a special election to 
be held within not less than thirty-five nor more 
than forty days after the date of the order call¬ 
ing such election, to determine whether the voters 
will recall such officer; provided, that if a general 
election is to occur wdthiu sixty days from the 
date of the order calling such election, the board 
may in its discretion postpone the holding of such 
election to such general election or submit such 
recall election at any such general election occur¬ 
ring not less than thirty-five days after such 
order. If a vacancy occur in said office after a 
recall petition is filed, the election shall never¬ 
theless proceed as in this section provided. One 
petition is sufficient to propose the removal and 
election of one or more elective officials. One 
election is competent for the removal and elec¬ 
tion of one or more elective officials. Nomina¬ 
tions for any office under such recall election 
shall be made by petition in the manner pres¬ 
cribed by section 1188 of this code; except that 
no party affiliation of candidate, signer or verifi¬ 
cation deputy shall be given, nor shall the elec¬ 
tion as a convention delegate or participation in 
a primary election be any bar to signing such 
petition. Upon the sample ballot there shall be 
printed in not more than two hundred words the 


CALIFORNIA ELECTION LAWS 


365 


reasons set forth in the recall petition for de¬ 
manding- the recall of the officer, and upon the 
same ballot in not more than two hundred words 
the officer may justify his course in office. 

There shall be printed on the recall ballot, as 
to every officer wffiose recall is to be voted on 
thereat, the following question: “Shall (name of 
person against whom the recall petition is filed) 
be recalled from the office of (title of the office) ?” 
following which question shall be the words 
“Yes” and “No” on separate lines, with a 
blank space at the right of each, in which the 
voter shall indicate, by stamping a cross (X) his 
vote for or against such recall. On such ballots, 
under each such question, there shall also be printed 
the names of those persons who have been nominated 
in the manner provided by law for the nomina¬ 
tion of candidates for such office as candidates 
to succeed the person recalled, in case he shall 
be removed from office by said recall election; but 
no vote cast shall be counted for any candidate 
for said office unless the voter also voted on said 
question of the recall of the person sought to 
be recalled from said office. The name of the 
person against whom the petition is filed shall 
not appear on the ballot as a candidate for the 
office. If a majority of those voting on said 
question of the recall of any incumbent from 
office shall vote “no,” said incumbent shall con¬ 
tinue in office. If a majority shall vote “yes,” 
said incumbent shall thereupon be deemed re¬ 
moved from such office, upon the qualification of 
his successor. The canvassers shall canvass all 
votes for candidates for said office and declare 
the result in like manner as in a regular elec¬ 
tion. If the vote at any such recall election 
shall recall the officer, then the candidate who 
has received the highest number of votes for the 
office shall be thereby declared elected, for the 
remainder of the term. In case the person who 
received the highest number of votes shall fail 
to qualify within ten days after receiving the 
certificate of election, the office shall be deemed 
vacant and shall be filled according to law. Where 
the office of registrar of Voters exists, the duties 


What 

Ballot 

Contains 


Majority 

Decides 


Who is 
Elected 


Ten Days 
Allowed 



366 


CALIFORNIA ELECTION LAWS 


From 
Whom 
Bonds are 
Required 


Approval 
by Judges 


Qualifica 

tions 


Where 
Recorded 
and Filed 

Bond of 
Clerk 

Two Bonds 
from Tax 
Collector 


herein imposed upon the county clerk shall be 
performed by said registrar of voters. 

Bonds of Officials, Amounts and Recording 

4022. The board of Supervisors of each county 
shall, on or before the first Monday in Septem¬ 
ber, preceding the election of the following offi¬ 
cers, prescribe the amount in which said officers 
must, execute official bonds: Treasurer, County 
Clerk, Auditor, Sheriff, Tax Collector, District 
Attorney, Recorder, Assessor, Surveyor, Superin¬ 
tendent of Schools, Public Administrator, Coroner, 
Justice of the Peace, and Constable. The Judge 
or Judges of the Superior Court shall, on or be¬ 
fore the said first Monday of September, pre- 
sciibe the amount in which each member of the 
Board of Supervisors must execute an official 
bond before entering upon the discharge of the 
duties of his office. The bonds and sureties of 
such officers must, before the bonds can be re 
corded and filed, be approved by the Judge, or 
Judges, if there be more than one, of the Supe¬ 
rior Court. All persons offered as sureties on 
official bonds may be examined on oath touching 
their qualifications, and no person can be admitted 
as surety on any such bond unless he is a 
resident and freeholder or householder within 
this State, and is worth in real or personal prop¬ 
erty, or both, situate in this State, the amount of 
his undertaking, over and above all sums for 
which he is already liable, exclusive of property 
exempt from execution and forced sale. All offi¬ 
cial bonds shall be recorded in the office of the 
County Recorder, and then filed and kept in the 
office of the County Clerk. The official bond of 
the County Clerk shall, after being recorded, be filed 
and kept in the office of the County Treasurer. 
The Tax Collector shall also before qualifying 
give a bond as License Collector in such sum as 
may be fixed by the Board of Supervisors, to be 
approved as provided in this section. 

Eligibility of County, District and Township Offi¬ 
cials 

4023. No person is eligible to a county, district 


CALIFORNIA FLECTION LAWS. 


367 


or township office who, at the time of his elec¬ 
tion, is not of the age of twenty-one years, or 
over, a citizen of the State, and an elector of the 
county, district, township, or other division, in 
which the duties of the office are to be exercised; 
provided, that no person shall hereafter be eligible 
to the office of District Attorney who has not 
beeu admitted to practice in the Supreme Court 
of the State of California; and provided further, 
that the county live stock inspector shall, at the 
time of his appointment, be a duly qualified 
veterinary surgeon having on file in the office of 
the County Clerk a certificate issued to him by 
the State Veterinary Medical Board. 

Deputies, Powers of Appointment 

4024. Every county, township, or district offi¬ 
cer, except a Supervisor or judicial officer, may 
appoint as many deputies as may be necessary for 
the prompt and faithful discharge of the duties 
of his office. Such appointment must be made in 
writing and filed in the office of the County 
Clerk, and until such appointment is so made and 
filed and until such deputy shall have taken the 
oath of office, no one shall be or act as such 
deputy. 

Duty of Clerk to Provide, Registers, Indexes and 
Miscellaneous Election Material 

4025. 1. The county clerk must provide the 
original books of affidavits of registration required 
by law and printed copies of the indexes, poll 
lists, poll books, blank returns and certificates 
and other appropriate and necessary appliance for 
holding all elections in the county. The county 
board of supervisors shall allow reasonable 
charges therefor, and for the transmission and re¬ 
turn of the same to the proper officers. 

Proclamations, Duty of Supervisors 

2. The county board of supervisors shall fur¬ 
nish proclamations of elections. 

****,, 

Jurisdiction and Powers of Supervisors 

4041. The Boards of Supervisors, in their re¬ 
spective counties, shall have jurisdiction and 


Qualifica¬ 

tions 


Written 

Appoint¬ 

ments 

Filed in 
Clerk’s 
Office 


County 

Clerk 

Provides 

Election 

Supplies 


Proclama¬ 
tions by 
Supervisors 



368 


Sub¬ 

divisions 


Affecting 

Elections 


Appoint¬ 

ments 


When by 
Petition 


What 

Petition 

Contains 


Affidavit 

and 

Qoptentg 


* CALIFORNIA ELECTION LAWS 

power under such limitations and restrictions as 
are prescribed by law: 

* * * * 

2. To divide the counties into townships, elec¬ 
tion, school, road, supervisor, sanitary, and other 
districts required by law, change the same and 
create others as convenience requires. 

3. To establish, abolish and change election 
precincts, and to appoint inspectors, clerks and 
judges of election, canvass all election returns, 
declare the result, and order the County Clerk to 
issue certificates thereof; but no election precinct 
shall be established or abolished, or the bound¬ 
aries of any precinct changed, within ninety days 

prior to anv election. 

* * * * 

19. To fill, by appointment, all vacancies that 
may occur in any office filled by the appointment 
of the Board of Supervisors and elective county 
or township officers, except in those of Judge of 
the Superior Court and Supervisor, the appointee 
to hold office for the unexpired term or until the 

next general election. 

* * * * 

COUNTY ORDINANCES 
Procedure to Enact Ordinances 

Sec. 4058. Ordinances may also be enacted by 
and for any county of the state in the manner 
following. Any proposed ordinance may be sub¬ 
mitted to the board of supervisors by a petition 
filed with the county clerk after being signed by 
qualified electors of the county not less in num¬ 
ber to the percentages hereinafter required. The 
signatures to the petition need not all be appended 
to one paper. Each signer shall add to his sig¬ 
nature his place of residence and occupation, giv¬ 
ing street and number, where such street and 
number, or either exist, and if no street and num¬ 
ber exist, then such a designation of the place of 
residence as will enable the location to be readily 
ascertained. Each such separate paper shall have 
attached thereto an affidavit made by an elector 
of the county and sworn to before an officer 
competent to administer oaths, stating that the 


CALIFORNIA FLECTION LAWS 


360 


affiant circulated that particular paper and saw 
written the signatures appended thereto; and that 
according to the best information and belief of 
the affiant each is the genuine signature of the 
person whose name purports to be thereunto sub¬ 
scribed, and of a qualified elector of the county. 
Within ten days from the date of filing such peti¬ 
tion the county clerk shall examine and from the 
records of registration ascertain whether or not 
said petition is signed by the requisite number 
of qualified electors, and he shall attach to said 
petition his certificate showing the result of said 
examination. If by the clerk’s certificate the 
petition is shown to be insufficient, it may be 
supplemented within ten days from the date of 
such certificate by the filing of additional papers 
duplicates of the original petition except as to 
the names signed The clerk shall within ten days 
after such supplementing papers are filed, make 
like examination of the supplementing petition, 
and if his certificate shall show that all the names 
to such petition, including the supplemental pa¬ 
pers are still insufficient, no action on the petition 
shall be mandatory on the board of supervisors; 
but the petition shall remain on file as a public 
record, and the failure to secure sufficient names 
shall be without prejudice to the filing later of 
an entirely new petition to the same or similar 
effect. If the petition shall be found to be suf¬ 
ficient, the clerk shall submit the same to the 
board of supervisors at its next regular session. 

If the petition accompanying the proposed or¬ 
dinance be signed by electors not less in number 
than twenty per cent of the entire vote cast 
within such county for all candidates for gover¬ 
nor of the state at the last preceding general 
election at which such a governor was voted for, 
and contains a request that such ordinance be 
submitted forthwith to a vote of the people at a 
special election, then the board of supervisors 
shall either: 

(a) Pass such ordinance without alteration at 
the regular session at which it is presented and 
within ten days after it is presented; or 

(b) Forthwith the supervisors shall proceed 


Duty of 
County 
Clerk 


Certificate 


Supplements 


When 
Submitted 
to Board 

When 20 
Per Cent 
Petition 


Passed by 
Board 






370 


CALIFORNIA ELECTION LAWS 


Soecial 

Election 


When 10 
Per Cent 
Petition 


What 

Ballots 

Contain 


Majority 

Decides 


How 

Repealed or 
Amended 


to call a special election at which such ordinance, 
without alteration, shall be submitted to a vote 
of the electors of the county. 

If the petition be signed by electors not less in 
number than ten per cent of the entire vote east 
for all candidates for governor at the last preced¬ 
ing election when such candidates for governor 
were voted for, and the ordinance petitioned for 
is not required to be, or for any reason is not, 
submitted to the electors at a special election, and 
is not passed without change by said legislative 
body, then such ordinance, without alteration, shall 
be submitted by the board of supervisors to a 
vote of the electors at the next general election. 

The ballots used when voting upon said pro¬ 
posed ordinance shall have printed thereon the 
words, “ Shall the ordinance (stating the nature 
thereof) be adopted?” Opposite such proposition 
to be voted on, and to the right thereof, the 
words “Yes” and “No” shall be printed on 
separate lines, with voting squares. If an elector 
shall stamp a cross (X) in the voting square 
after the printed word “Yes,” his vote shall be 
counted in favor of the adoption of the ordinance, 
and if he shall stamp a cross (X) in the voting 
square after the printed word “No,” his vote 
shall be counted against the adoption of the same. 

If a majority of the qualified electors voting on 
said proposed ordinance shall vote in favor there¬ 
of, such ordinance shall thereupon become a valid 
and binding ordinance of the county and be con¬ 
sidered as adopted upon the date that the vote 
is canvassed and declared by the board of super¬ 
visors and go into effect ten days thereafter. 

Such ordinance shall have the same force and 
effect as one passed by the board of supervisors 
except that no ordinance proposed by petition as 
in this section provided and thereafter passed 
either by the vote of the board of supervisors 
without submission to a vote of people or voted 
upon and adopted by the people, shall be re¬ 
pealed or amended except by a vote of the people, 
unless provision otherwise be made in the ordi¬ 
nance itself. 

Any number of proposed ordinances may be 


CALIFORNIA ELECTION LAWS 


371 


, voted upon at the same election in accordance 
with the provisions of this section; provided that 
t there shall not be held under this section more 
| .than one special election in any period of si>: 
months. 

If any measure be submitted upon an initiative 
^ petition of registered voters, as hereinbefore pro¬ 
vided, the persons tiling said petition shall have 
the right, if they so choose, to present and file 
therewith a written argument in support thereof 
not exceeding three hundred words in length, 
which argument shall be printed upon the sample 
ballot issued for said election. Upon the same 
ballot shall also be printed any argument of not 
| exceeding three hundred words in length in oppo¬ 
sition thereto which may be prepared by the 

K board of supervisors. If the provisions of two 

or more ordinances adopted at the same election 
conflict, then the ordinance receiving the highest 
number of affirmative votes shall control. 

The board of supervisors may submit to the 

> people, without a petition therefor, a proposition 
for the repeal of any adopted ordinance or for 
amendments thereto or for the enactment of any 
new ordinance to be voted upon at any succeed¬ 
ing general or special election and if such propo¬ 
sition so submitted receive a majority of the 

votes cast thereon at such election, such ordinance 
shall be repealed, amended or enacted accordingly. 

Whenever any ordinance or proposition is re¬ 
quired by this section to be submitted to the vot- 
v ters of a county at any election the county clerk 
shall cause the ordinance or proposition to be 
jminted and he shall mail a printed copy thereof, 
enclosed in an envelope with a sample ballot, to 
%. each voter, at least ten days prior to the elec¬ 
tion. Notice of the election shall be given by 
the board of supervisors by publication in some 
newspaper of general circulation throughout the 
county, to be designated by such board, for at 
least two weeks before the election. All the 
provisions of this section are to be liberally con¬ 
strued for the purpose of ascertaining and enforc¬ 
ing the will of the electors. 

The enacting clause of an ordinance passed by 


Elections 
at least 
6 months 
apart 


Written 

Argument 

Opposing 

Argument 

Printed 
on Ballot 


When 

Petition 

Not 

Necessary 


Copy with 

Sample 

Ballot 


Ten Days 
Prior to 
Election 


Two 

Weeks 

Publication 





372 


CALIFORNIA ELECTION LAWS 


Form 


Thirty to 
Sixty Days 


When at 

General 

Election 


When 
in Effect 
After 
30 Days 


When Re¬ 
considered 


the vote of the electors shall be substantially in 
the following form: 

“The people of the county of-do ordain 

as follows 

When a special election is to be called under 
the terms of this section it shall be held not less 
than thirty nor more than sixty days after the 
date of the presentation of the proposed ordi¬ 
nance to the board of supervisors, and shall be 
held as nearly as may be in accordance with the 
election laws of the state, provided, however, 
that, to avoid holding more than one such elec¬ 
tion within any six months, the date for holding 
such special election may be fixed later than such 
sixty days, but at as early a date as practicable 
after the expiration of such six months; provided, 
further, that when under any of the terms of 
this statute fixing the time within which a special 
election shall be held it is made possible to hold 
the same within three months prior to a general 
election, the board of supervisors may, in its dis¬ 
cretion, submit the proposed ordinance at such 
general election instead of at a special election. 
Except an ordinance calling or otherwise relat¬ 
ing to an election, no ordinance passed by the 
board of supervisors except when otherwise spe¬ 
cially required by the laws of the state, and ex¬ 
cept an ordinance for the immediate preservation 
of the public peace, health or safety, which con¬ 
tains a declaration of the facts constituting its 
urgency and is passed by a four-fifths vote of the 
board, and no ordinance granting a franchise 
shall go into effect before thirty days from its 
final passage; and if, during said thirty days, 
petition signed by qualified electors of the county 
equal to ten per cent of the entire vote cast 
therein for all candidates for governor of the state 
at the last preceding general election at which 
a governor was voted for, protesting against the 
passage of such ordinance, be presented to the 
board, the same shall thereupon be suspended 
from going into operation, and it shall be the 
duty of the board to reconsider such ordinance. If 
said board shall thereupon not entirely repeal said 
ordinance, it shall submit the same to a vote of 



CALIFORNIA ELECTION LAWS 


373 


r tlie electors either at a general election or a 
special election to be called for the purpose, and 
such ordinance shall not go into effect or become 
operative unless a majority of the voters voting 
upon the same shall vote in favor thereof. Such 
petitions and the provisions of the law relative 
to the duty of the clerk in regard thereto and the 
manner of voting thereon, shall conform to the 
rules provided herein for the initiation of legis¬ 
lation by the electors. 

Sec. 2. Where the office of registrar of voters 
exists, the duties herein imposed upon the county 
clerk shall be performed by said registrar of vot- 


Action 

Taken 


When 

Registrar 

Acts 




374 


CALIFORNIA ELECTION LAWS 


Imprison¬ 
ment 2 to 7 
Years 


Fine or 
Imprison¬ 
ment 


Imprison¬ 
ment 1 to 3 
Years 


CHAPTER XVIII. 

PENAL CODE SECTIONS AFFECTING 
ELECTIONS 

Acting as Election Officer Without Appointment— 
A Felony 

Section 40. Any person who acts as an election 
officer at any election, without first having been 
appointed and qualified as such, and any person 
who, not being an election officer, performs or dis¬ 
charges any of the duties of an election officer, 
in regard to the handling or counting or can¬ 
vassing of any ballots cast at any election, shall 
be guilty of a felony, and on conviction be punished 
by imprisonment in the State Prison for not less than 
two nor more than seven years. 

Neglect or Refusal to Discharge Duties 

41. Every person charged with the perform¬ 
ance of any duty under the provisions of any 
law of this State relating to elections, who wil¬ 
fully neglects or refuses to perform it, or who, 
in his official capacity, knowingly and fraudulently 
acts in contravention or violation of any of the 
provisions of such laws, is unless a different pun¬ 
ishment for such acts or omissions is prescribed 
by this Code, punishable by fine not exceeding one 
thousand dollars, or by imprisonment in the State 
Prison not exceeding five years, or by both. 

Fraudulent Registration 

42. Every person who wilfully causes, pro¬ 
cures, or allows himself to be registered in any 
register of electors required by law to be made or 
kept, knowing himself not to be entitled to such 
registration, is punishable by imprisonment in the 
State Prison for not less than one nor more than 
three years. 

Aiding Fraudulent Registration 

42a. Every person who wilfully causes, pro¬ 
cures, or allows any other person to be registered 
in any register of electors required by law to be 
made or kept, knowing him not to be entitled to 




CALIFORNIA ELECTION LAWS 375 

such registration, is punishable by imprisonment 
in the State Prison for not less than one nor 
more than three years. 

Refusal to Take Oath or Answer Questions 

43. Every person who, after being required by 
the Board of Judges at an election, refuses to be 
sworn, or being sworn, refuses to answer any 
pertinent question propounded by such Board 
touching the right of another to vote, is guilty of 
a misdemeanor. 

Refusal to Appear and Testify 

44. Every person summoned to appear and tes¬ 
tify before any Board of Registration, who wil¬ 
fully disobeys such summons, is guilty of a mis¬ 
demeanor. 

Interference and Voting Fraudulently 

45. Every person not entitled to vote who 
fraudulently votes, and every person who votes 
more than once at any one election, or knowingly 
hands in two or more tickets, folded together, or 
changes any ballot after the same has been de¬ 
posited in the ballot-box, or adds, or attempts to 
add, any ballot to those legally polled at any 
election, by fraudulently introducing the same 
into the ballot-box either before or after the bal¬ 
lots therein have been counted; or adds to, or 
mixes with, or attempts to add to or mix with, 
the ballots lawfully polled, other ballots, while 
the same are being counted or canvassed, or at 
any other time, with intent to change the result 
of such election; or carries away or destroys, or 
attempts to carry away or destroy, any poll-lists, 
or ballots, or ballot-box, for the purpose of breaking 
up or invalidating such election, or wilfully detains, 
mutilates or destroys any elections returns, or in 
any manner so interferes with the officers hold¬ 
ing such election or conducting such canvass, or 
with the voters lawfully exercising their rights 
of voting at such election, as to prevent such 
election or canvass from being fairly held and 
lawfully conducted, is guilty of a felony. 


I mprison- 
ment 1 to 3 
Years 


A Misde 
meanor 


A Misde 
meanor 


A Felony 




376 


CALIFORNIA ELECTION LAWS 


Imprison¬ 
ment 1 to 2 
Years 


Imprison¬ 
ment not 
more than 
2 Years 


Imprison¬ 
ment 2 to 7 
Years 


Attempt to Vote Fraudulently 

46. Every person not entitled to vote, who 
fraudulently attempts to vote, or who, being en¬ 
titled to vote, attempts to vote more than once 
at any election, or who personates, or attempts 
to personate, a person legally entitled to vote, is 
punishable by imprisonment in the State Prison 
for not less than one nor more than two years. 

Aid in Voting Fraudulently 

47. Every person who procures, assists, coun¬ 
sels, or advises another to give or offer his vote 
at any election, knowing that the person is not 
qualified to vote, or who aids or abets in the 
commission of any of the offenses mentioned in 
the preceding section, is punishable by imprison¬ 
ment in the State Prison not exceeding two years. 

Ballots and Lists!, Changing, Destruction, Inter¬ 
ference 

48. Every officer or clerk of election who aids 
in changing or destroying any poll list, or in 
placing any ballots in the ballot-box, or in taking 
any therefrom, or adds, or attempts to add, any 
ballots to those legally polled at such election, 
either by fraudulently introducing the same into 
the ballot-box before or after the ballots therein 
have been counted, or adds to or mixes with, or 
attempts to add to or mix with, the ballots polled, 
any other ballots, while the same are being 
counted, or canvassed, or at any other time, with 
intent to change the result of such election, or 
allows another to do so when in his power to 
prevent it, or carries away or destroys, or know¬ 
ingly allows another to carry away or destroy, 
any poll list, ballot-box, or ballots lawfully polled, 
is punishable by imprisonment in the State Prison 
for not less than two nor more than seven years. 

Ballots, Unfolding and Marking by Election Officers 

49. Every inspector, judge, or clerk of an elec¬ 
tion who, previously to putting the ballot of an 
elector in the ballot-box, attempts to find out any 
name on such ballot, or who epens or suffers the 
folded ballot of any elector which has been handed 
in, to be opened or examined previously to put’ 


CALIFORNIA ELECTION LAWS 


377 


ting the same into the ballot-box, or who makes or 
places any mark or device on any folded ballot 
with a view to ascertain the name of any person 
for whom the elector has voted, or who, without 
the consent of the elector, discloses the name of 
any person which such inspector, judge, or clerk 
has fraudulently or illegally discovered to have 
been voted for by such elector, is punishable by 
a tine of not less than fifty nor more than five 
hundred dollars, or by imprisonment in the county 
jail for not less than thirty days nor more than 
six months, or by both such fine and imprisonment. 

Election Officers—Acting When Not Eligible—Not 
Acting When Appointed 

49a. Any person acting as a member of any 
election board, or as a clerk upon such board, who 
cannot read and write the English language, or 
any person who refuses to act upon such board, 
or as a clerk thereof, after proper notification of 
his appointment, who is otherwise eligible unless 
good and sufficient cause for such refusal is shown 
to the Election Board or Board of Supervisors, is 
guilty of a misdemeanor, and is subject to a fine 
of five hundred dollars, and upon failure to pay 
such fine, must be imprisoned in the county jail 
of the county for the period of one day for each 
two dollars of such fine. 

Returns, Forging, Counterfeiting, Substituting 

50. Every person who forges or counterfeits 
returns of an election purporting to have been 
held at a precinct, town, or ward where no elec¬ 
tion was in fact held, or wilfully substitutes 
forged or counterfeit returns of election in the 
place of true returns for a precinct, town, or 
ward where an election was actually held, is pun¬ 
ishable by imprisonment in the State Prison for 
a term of not less than two nor more than seven 
years. 

Returns, Alteration of 

51. Every person who wilfully adds to, or sub¬ 
tracts from, the votes actually cast at an election, 
in any official or unofficial returns, or who alters 


50 to 500 
Dollars fine 
or Imprison¬ 
ment 30 
days to 6 
months 


Fine or 
Imprison¬ 
ment 


Imprison¬ 
ment 2 to 7 
Years 






CALIFORNIA ELECTION LAWS 


378 


Imprison¬ 
ment 1 to 5 
Years 


Imprison¬ 
ment 6 
Months to 
2 Years 


A Felony 


such returns, is punishable by imprisonment in 
the State Prison for not less than one year nor 
more than five years. 

Assistance in Committing Offenses 

52. Every person who aids or abets in the com¬ 
mission of any of the offenses mentioned in the 
four preceding sections is punishable by impris¬ 
onment in the county jail for the period of six 
months, or in the State Prison not exceeding two 
years. 

Electors—Bribery, Threats—Interference by Elec¬ 
tion Officers 

53. Every person who, by force, threats, men¬ 
aces, bribery, or any corrupt means, either directly 
or indirectly, attempts to influence any elector in 
giving his vote, or to deter him from giving the 
same; or attempts by any means whatever to awe, 
restrain, hinder, or disturb any elector in the exer¬ 
cise of the right of suffrage, or furnishes any elec¬ 
tor wishing to vote who cannot read with a ticket 
informing or giving such elector to understand that 
it contains a name written or printed thereon, dif¬ 
ferent from the name which is written or printed 
thereon, or defrauds, any elector at any such elec¬ 
tion by deceiving and causing such elector to vote 
for a different person for any office than he in¬ 
tended or desired to vote for; or who, being In¬ 
spector, Judge, or Clerk of any election, while act¬ 
ing as such, induces or attempts to induce any 
elector, either by menace or reward, or promise 
thereof, to vote differently from what such elector 
intended or desired to vote, is guilty of a felony. 

Illegal Payment of Money 

54. Every person who, with intent to promote 
the election of himself or any other person, either: 

L Furnishes entertainment at his expense to 
any meeting of electors previous to or during an 
election; 

2. Pays for, procures or engages to pay for any 
such entertainment; 

3. Furnishes or engages to pay or deliver any 
money or property for the purpose of procuring' 


CALIFORNIA ELECTION LAWS 


379 


the attendance of voters at the polls, or for the 
purpose of compensating any person for procuring 
attendance of voters at the polls, except for the con¬ 
veyance of voters who are sick or infirm; 

4. Furnishes or engages to pay or deliver any 
money or property for any purpose intended to 
promote the election of any candidate, except for 
the expenses of holding and conducting public 
meetings for the discussion of public questions, 
and of printing and circulating ballots, hand-bills, 
and other papers previous to such election,—is 
guilty of a misdemeanor. 

Illegal Receipt of Money 

54a. It is unlawful for any person, directly, by 
himself, or through any other person: 

1. To receive, agree, or contract for, before or 
during an election, any money, gift, loan, or other 
valuable consideration, office, place or employment, 
for himself or any other person, for voting or 
agreeing to vote, or for coming or agreeing to 
come to the polls, or for refraining or agreeing to 
refrain from voting, or for voting or agreeing to 
vote, or refraining or agreeing to refrain from vot¬ 
ing, for any particular person or persons at any 
election; 

2. To receive any money, or other valuable 
thing, during or after an election, on account of 
himself, or any other person having voted, or re¬ 
frained from voting, for any particular person or 
persons at such election or on account of himself 
or any other persons, having come to the polls or 
remained away from the polls at such election, or 
on account of having induced any other person to 
vote or refrain from voting, or to vote or refrain 
from voting for any particular person, or persons, 
or to come to or remain awa} r from the polls at such 
election; 

3. To receive any money or other valuable 
thing, before, during, or after election, on account 
of himself or any other person having voted to se¬ 
cure the election or indorsement of any other per¬ 
son as the nominee or candidate of any convention, 
organized assemblage or delegates, or other body 
representing, or claiming to represent, a political 


A Misde 
meanor 


What 

Agreements 

Illegal 


What Use 
of Money 


Receipt 
of Money 




Imprison¬ 
ment 1 to 7 
Years 


Bribery 


380 CALIFORNIA ELECTION LAWS 

party or principle, or any club, society, or associa¬ 
tion, or on account of himself or any other person 
having aided in securing the selection or indorse¬ 
ment of any other person as a nominee or candi¬ 
date as aforesaid. 

Every person who commits any of the offenses 
mentioned in this section is punishable by im¬ 
prisonment in the State Prison for not less than 
one nor more than seven years. 

What Constitutes Illegal Payment of Money 

54b. It is unlawful for any person, directly or 
indirectly, by himself or through any other person: 

1. To pay, lend, or contribute, or offer or prom¬ 
ise to pay, lend, or contribute, any money or other 
valuable consideration to or for any voter, or to or 
for any other person, to induce such voter to vote 
or refrain from voting at any election, or to in¬ 
duce any voter to vote or refrain from voting at 
such election for any particular person or persons, 
or to induce such voter to come to the polls or re¬ 
in ain away from the polls at such election, or on 
account of such voter having voted or refrained 
from voting or having voted or refrained from 
voting for any particular person, or having come 
to the polls or remained away from the polls at 
such election; 

2. To give, offer, or promise 1 any office, place, 
or employment, or to promise to procure, or en¬ 
deavor to procure, any office, place, or employment 
to or for any voter, or to or for any other person, 
in order to induce such, voter to vote or refrain 
from voting at any election, or to induce any voter 
to vote or refrain from voting at such election for 
any particular person or persons; 

3. To make any gift, loan, promise, offer, pro¬ 
curement, or agreement, as aforesaid, to, for, or 
with any person, in order to induce such person to 
procure, or endeavor to procure, the election of 
any person, or the vote of any voter at any elec¬ 
tion; 

4. To procure, engage, promise, or endeavor to 
procure, in consequence of any such gift, loan, of¬ 
fer, promise, procurement or agreement, the elec- 


I CALIFORNIA FLECTION LAWS 381 

tion of any person, or tlie vote of any voter at 
such election; 

5. To advance or pay, or cause to be paid, any 
money or other valuable thing to or for the use of 
any other person, with the intent that the same, or 
any part thereof, shall be used in bribery at any 
election; or to knowungly pay, or cause to be paid, 
any money or other valuable thing to any person 
in discharge or repayment of any money, wholly 
or in part, expended in bribery at any election; 

6. To advance or pay, or cause to be paid, any 
money or other valuable thing to or for the use of 
any other person, with the intent that the same, 
or any part thereof, shall be used for boarding, 
lodging or maintaining a person at any place or 
domicile in any election precinct, ward, or district, 
with intent to secure the vote of such person, or 
to induce such person to vote for any particular 
person or persons at any election; 

7. To advance or pay, or cause to be paid, any 
money or other valuable thing to or for the use of 
any other person, with the intent that the same, or 
any part thereof, shall be used to aid or assist any 
person to evade arrest, who is charged with the 
commission of a crime against the elective fran¬ 
chise, for whieh, if the person were convicted, the 
punishment wrnuld be imprisonment in the State 
Prison; 

8. To advance or pay, or cause to be paid, any 
? money or other valuable thing, to or for the use 
of any other person, in consideration of being se¬ 
lected or indorsed as the candidate of any conven¬ 
tion, organized assemblage of delegates, or other 
body representing, or claiming to represent, a po¬ 
litical party or principle, or any club, society, or 
association, for a public office, or in consideration 
of the selection or indorsement of any other per¬ 
son as a candidate for a public office, or in consid¬ 
eration of any member of a convention, club, so¬ 
ciety, or association having voted to select or in¬ 
dorse any person as a candidate for a public 
office, except that a candidate for nomination to a 
public office may contribute such proportion of the 
cost and expense of holding a primary election as 


Bribery 




382 


CALIFORNIA ELECTION LAWS 


Imprison¬ 
ment 1 to 7 
Years 


A Misde 
meanor 


A Misde 
meanor 

Disquali¬ 

fication 


is authorized by the Political Code of this State, 
and no more; 

9. To advance or pay, or cause to be paid, any 
money or other valuable thing to or for the use of, 
any other person, in consideration of a person 
withdrawing as a candidate for a public office. 

Every person who commits any of the offenses 
mentioned in this section is punishable by im¬ 
prisonment in the State Prison for not less than 
one year nor more than seven years. 

Illegal Promises 

55. Every person who being a candidate at any 
election, offers or agrees to appoint, or procure the 
appointment of any particular person to office, as 
an inducement or consideration to any person to 
vote for, or procure, or aid in procuring, the elec¬ 
tion of such candidate, is guilty of a misdemeanor. 

Pledging Votes- for or Against Any Bill Illegal 

55a. Any person, either individually or as an 
officer or member of any committee or associa¬ 
tion, who solicits or demands of any candidate 
for the legislature, supervisor, school director, or 
for any legislative body, that he shall vote for or 
against any particular bill or measure which may 
come before such body to which, he may be elected, 
and any candidate for any such offices who signs 
or gives any pledge that he will vote for or 
against any particular bill or measure that may 
be brought before any such body, is guilty of a 
misdemeanor; and any candidate convicted under' 
the provisions of this section is, in addition, dis¬ 
qualified from holding the office to which he may 
have been elected. The provisions of this sec¬ 
tion do not apply to any pledge or promise that 
any such candidate may give to a convention by 
which he may be nominated for any such office, 
or to those who sign a certificate for his nomina¬ 
tion. 

Illegal Offers, Communication of 

56. Every person, not being a candidate, who 
communicates any offer made in violation of the 
last section to any person with intent to induce 


CALIFORNIA ELECTION LAWS 


383 


him to vote for, or to procure or aid in procuring 
the election of, the candidate making the offer, 
is guilty of a misdemeanor. 

I Bribing Members of Political Gatherings 

57. Every person who gives or offers a bribe 
to any officer or member of any legislative caucus, 
political convention, committee, primary election, 
or political gathering of any kind, held for the 
purpose of nominating candidates for offices of 
honor, trust or profit, in this State, with intent 
to influence the person to whom such bribe is 
given or offered to be more favorable to one 
candidate than another, and 'every person, mem- 
j ber of either of the bodies in this section men¬ 
tioned, w t 1io receives or offers to receive any 
such bribe, is punishable by imprisonment in the 
State Prison not less than one nor more than 
seven years. 

Illegal Interference by Election Officers to Change 
Results 

57a. Every officer or clerk of election who aids 
in changing or destroying any poll-list or official 
ballot, or in wrongfully placing any ballots in the 
ballot box, or in taking any therefrom, or adds, or 
attempts to add, any ballots to those legally 
polled at such election, either by fraudulently in¬ 
troducing the same into the ballot-box, before or 
after the ballots therein have been counted, or 
adds to or mixes with, or attempts to add or to 
mix with, the ballots polled, any other ballots, 
while the same are being counted or canvassed, 
or at any other time, with intent to change the 
result of such election, or allows another to do so, 
, when in his power to prevent it, or carries away 
or destroys, or knowingly allows another to carry 
away or destroy, any poll-list, ballot-box, or bal¬ 
lots lawfully polled, is punishable by imprison¬ 
ment in the State Prison for not less than two 
nor more than seven years. 


A Misde¬ 
meanor 


Imprison¬ 
ment 1 to 7 
Years 


Imprison¬ 
ment 2 to 7 
Years 


Hindrance and Prevention of Public Meetings 

58. Every person who, by threats, intimida¬ 
tions, or unlawful violence, wilfully hinders or 





384 


CALIFORNIA FLECTION LAWS 


A Misde¬ 
meanor 


Threats 


Employers 
Must Not 
Influence 


prevents electors from assembling in public meet¬ 
ings for the consideration of public questions, is 
guilty of a misdemeanor. 

Interference With Voting of Electors 

59. It is unlawful for any person, directly or 
indirectly, by himself or other person in his be¬ 
half, to make use of, or threaten to make use 
of, any force, violence, or restraint, or to in¬ 
dict, or threaten the infliction, by himself or 
through any other person, of any injury, damage, 
harm, or loss, or in any manner to practice intimi¬ 
dation upon or against any person, in order to in¬ 
duce or compel such person to vote or refrain 
from voting at any election, or to vote or refrain 
from voting for any particular person or persons 
at any election, or on account of such person 
or persons at any election or on account of such per¬ 
son having voted or refrained from voting at any 
election. And it is unlawful for any person, by 
abduction, duress, or any forcible or fraudulent 
device or contrivance whatever, to impede, pre¬ 
vent, or otherwise interfere with the free exer¬ 
cise of the elective franchise by any voter; or 
to compel, induce, or prevail upon any voter 
either to give or refrain from giving his vote at 
any election, or to give or refrain from giving 
his vote for any particular person or persons at 
any election. It is not lawful for any employer, 
iu paying his employes the salary or wages due 
them, to inclose their pay in pay envelopes upon 
which there is written or printed the name of 
any candidate, or any political mottoes, devices, 
or arguments containing threats, express or im¬ 
plied, intended or calculated to influence the polit¬ 
ical opinions or actions of such employes. Nor is 
it lawful for any employer, within ninety days 
of any election, to put up or otherwise exhibit in 
his factory, workshop, or other establishment or 
place where his workmen or employes may be 
working, any handbill or placard containing any 
threat, notice, or information, that in case any 
particular ticket of a political party, or organ¬ 
ization, or candidate shall be elected, work in his 
place or establishment will cease, in a whole or 


CALIFORNIA ELECTION LAWS 


385 


in part, or liis place of establishment be closed 
up, or the salaries or wages of his workmen or 
employes be reduced, or other threats, express or 
implied, intended or calculated to influence the 
political opinions or actions of his workmen or 
employes. This section applies to corporations as 
well as individuals, and any person or corpora¬ 
tion violating the provisions of this section is 
guilty of a misdemeanor, and any corporation 
' violating this section shall forfeit its charter. 

Election Betting 

60. Every person who makes, offers or accepts 
any bet or wager upon the result of any elec¬ 
tion, or upon the success or failure of any person 
or candidate, or upon the number of votes to be 
cast either in the aggregate or for any particular 

I candidate, or upon the vote to be cast by any per- 
i son, is guilty of a misdemeanor. 

Wilful Violation of Election Law 

61. Every person who wilfully violates any of 
the provisions of the laws of this State relating 
to elections is, unless a different punishment for 
such violation is prescribed by this Code, punish¬ 
able by a fine not exceeding one thousand dol¬ 
lars, or by imprisonment in the State Prison not 

[exceeding five years, or by both. 

Printing or Giving of Fraudulent Ballots 

62. Every person who prints any ticket not in 
conformity with the provisions of chapter 8 of title 

II of part III of the Political Code, or who circu¬ 
lates or gives to another any ticket, knowing at the 
same time that such ticket does not conform to the 
provisions of chapter 8 of title II of part III of the 
Political Code, is guilty of a misdemeanor. 

Printed Matter, When Signature Required 

62a. Every person who intentionally writes, 
prints, posts, or distributes, or causes to be writ¬ 
ten, printed, posted or distributed, any circular, 
pamphlet, letter or poster which is designed or 
intended to injure or defeat any candidate for 
nomination or election to any public office by re- 


How 

Corporation 

Affected 


A Misde 
meanor 


Fine and 
Imprison¬ 
ment 


A Misde 
meanor 


CALIFORNIA ELECTION LAWS 


A Misde¬ 
meanor 


Violation a 
M isde - 
meanor 


A Misde 
meanor 


,W> 

fleeting upon his personal character or political 
action, unless there appears upon such circular, 
pamphlet, letter or poster, in a conspicuous place, 
either the name of the Chairman and Secretary 
or the names of two officers at least of the political 
or other organization issuing the same, or the 
name and residence, with the street and number 
thereof, if any, of some voter of. this State, and 
responsible therefor, shall be guilty of a misde¬ 
meanor. 

Name of Printer Required 

62b. Every person wdio prints any circular, 
pamphlet, letter or poster of the kind or charac- I 
ter mentioned in section 62a of this Code, without 
adding thereto his name, showing the printing 
office at which the same was printed, is guilty of 
a misdemeanor. 

* * * * 

Ban on Liquor Selling 

63b. Every person keeping a public house, 
saloon, or drinking place, whether licensed or un¬ 
licensed, who sells, gives away, or furnishes spirit¬ 
uous or malt liquors, wine, or any other intoxicant, 
on any part of any day set apart for any general 
or special election, in any election district or pre¬ 
cinct in any county of the State where an elec¬ 
tion is in progress, during the hours when by law 
the polls are required to be kept open, is guilty 
of a misdemeanor. 

No Disqualification or Excusing of Witness 

64. No person otherwise competent as a wit¬ 
ness, shall be disqualified or excused from testify¬ 
ing concerning any of the offenses enumerated and 
prescribed in this title, on the ground that such 
testimony may criminate himself; but no prosecu¬ 
tion can afterwards be had against such witness 
for any such offense concerning which he testified 
for the prosecution. 

Illegal Handling of Petitions 

64b. 1. It shall be unlawful for any person cir¬ 

culating, as principal or agent, or having charge*! 
or control of the circulation of, or obtaining sig- < 




CALIFORNIA ELECTION LAWS 


387 

natures to, any petition authorized or provided for 
| by the constitution or laws of the State of Cali¬ 
fornia regulating the initiative, referendum or 
, recall to misrepresent or make anv false state¬ 
ment concerning the contents, purport or effect of 
any such petition to any person who signs, or who 
; desires to sign, or who is requested to sign, or 
| who makes inquiries with reference to any such 
j petition, or to whom any such petition is pre¬ 
sented for his or her signature. 

2. It shall be unlawful for any person to wil- 
, fully or knowingly circulate-, publish or exhibit 
[ any false statement or misrepresentation concern- 
f ing the contents, purport or effect of any petition 
[ mentioned in this section for the purpose of obtain- 
I ing any signature to any such petition or for the 

purpose of persuading any person to sign any such 
I petition. 

3. It shall be unlawful for any person to file 
| in the office of the clerk or other officer provided 
I by law to receive such filing, any petition men- 
^ tioned in this section to which is attached, ap- 
[ pended or subscribed any signature which the 
I person so filing such petition knows to be false 

or fraudulent or not the genuine signature of the 

* person purporting to sign such petition or whose 

• name is attached, appended or subscribed thereto. 

4. It shall be unlawful for any person to circu- 

I late, or cause to be circulated, any petition men¬ 
tioned in this section, knowing the same to con¬ 
tain false, forged or fictitious names. 

5. It shall be unlawful for any person to make 
any false affidavit concerning any petition men¬ 
tioned in this section or the signatures appended 
thereto. 

6. It shall be unlawful for any public official 
or employee knowingly to make any false return, 
certification or affidavit, concerning any petition 
mentioned in this section, or the signatures ap- 

I jtended thereto. 

7. It shall be unlawful for any person to know¬ 
ingly sign his own name more than once to any 
petition mentioned in this act, or to sign his 
name to any such petition knowing himself at the 


CALIFORNIA ELECTION LAWS 


388 


Fine and 
I mprison- 
ment 


Sections 
40 to 64 
Apply 


Imprison¬ 
ment Ito 14 
Years 


time of sucli signing not to be qualified to sign 
the same. 

8. Any person, either as principal or agent, 
violating any of the provisions of this section is 
punishable by imprisonment in the state prison, 
or in a county jail, not exceeding two years, or 
by fine not exceeding five thousand dollars, or by 
both. 

* * * * 

Sections Forty to Sixty-four Apply to Primary 
Elections 

64%. All the provisions of sections 40 to 64 of 
this Code, both inclusive, shall apply with like force 
and effect to elections, known and designated as pri¬ 
mary elections, held and conducted under official su¬ 
pervision pursuant to law and to registration there¬ 
for, as to other elections, whether the word 11 pri¬ 
mary” be used in connection with the word “ elec¬ 
tion’ ’ or ‘ ‘elections’ ’ used in said sections or not. 
* * * * 

Fictitious Names on Petitions 

472a. Every person who subscribes to any intia- 
tive, referendum or recall petition or to any nomin¬ 
ating petition a fictitious name, or who subscribes 
thereto the name of another*-is guilty of a felony 
and is punishable by imprisonment in the state 
prison for not less than one nor more than 
fourteen years. 





CALIFORNIA ELECTION LAWS 389 
CHAPTER XIX. 

CODE OF CIVIL PROCEDURE—SECTIONS 
AFFECTING ELECTIONS 

Election Contests—Reasons 

1111. Any elector of a county, city and county, 
city, or of any political subdivision of either, may 
contest the right of any person declared elected 
to an office to be exercised therein, for any of the 
following causes: 

1. For malconduct on the part of the Board 
of Judges, or any member thereof. 

2. When the person whose right to the office 
is contested was not, at the time of the election, 
eligible to such office. 

3. When the person whose right is contested 
has given to any elector, or Inspector, Judge, or 
Clerk of the election, any bribe or reward, or has 
offered any such bribe or reward for the pur¬ 
pose of procuring his election, or has committed 
any other offense against the elective franchise, 
defined in Title IV, Part I, of the Penal Code. 

4. On account of illegal votes. 

Proceedings of Judges 

1112. No irregularity or improper conduct in 
the proceedings of the Judges, or any of them, is 
such malconduct as avoids an election, unless the 
irregularity or improper conduct is such as to pro¬ 
cure the person whose right to the office is con¬ 
tested to be declared elected, when he had not 
received the highest number of legal votes. 

Elections, When Not Annulled on Account of Mal¬ 
conduct of Judges 

1113. AVhen any election held for an office 
exercised in and for a county is contested on ac¬ 
count of any malconduct on the part of the 
Board of Judges of any township election, or any 
member thereof, the election cannot be annulled 
and set aside upon any proof thereof, unless the 
rejection of the vote of such township or town¬ 
ships would change the result as to such office in 
the remaining vote of the county. 


Malconduct 
of Judges 

Ineligible 

Bribery 




CALIFORNIA ELECTION LAWS 


Docs Not 

Invalidate 

Election 


Exception 


Filing 

Statement 


Contents 


Time 

Allowed 


Require¬ 

ments 


31H) 

Elections, When Not Annulled by Illegal Voters 

1114. Nothing in the fourth ground of contest, 
specified in section 1111, is to be so construed as to 
authorize an election to be set aside on account of 
illegal votes, unless it appear that a number of il¬ 
legal votes has been given to the person whose right 
to the office is contested, which, if taken from him, 
would reduce the number of his legal votes below the 
number of votes given to some other person for the 
same office, after deducting therefrom the illegal 
votes which may be shown to have been given to 
such other person. 

Contests, Method of Procedure 

1115. When an elector contests the right of 
any person declared elected to such office, he must 
file with the County Clerk, a written statement, 
setting forth specifically: 

1. The name of the party contesting such elec¬ 
tion, and that he is an elector of the district, 
county, or township, as the ease may be, in which 
such election was held; 

2. The name of the person whose right to the 
office is contested; 

3. The office; 

4. The particular grounds of such contest; 

Such statement must be verified by the contest¬ 
ing party, as provided by Section 446 of this 
Code, and must be filed within thirty days after 
the declaration of the result of the election by 
the body canvassing the returns thereof, except 
in cases where the contest is brought on any of 
the grounds mentioned in subdivision 3 of section 
1111, when it must be brought within six months 
after the declaration of the result of the election by 
the body canvassing the returns thereof. 

Contests Due to Illegal Voting 

1116. When the reception of illegal votes is 
alleged as a cause of contest, it is sufficient to 
state generally that in one or more specified vot¬ 
ing precincts illegal votes were given to the per¬ 
son whose election is contested, which, if taken 
from him, will reduce the number of his legal 
votes below the number of legal votes given to 


CALIFORNIA ELECTION LAWS 391 

some other person for the same office; but no 
testimony can be received of any legal votes, un¬ 
less the party contesting such election deliver to 
the opposite party, at least three days before 
such trial, a written list of the number of illegal 
votes, and by whom given, which he intends to 
prove on such trial; and no testimony can be re¬ 
ceived of any illegal votes except such as are speci¬ 
fied in such list. 

No Dismissal on Account of Want of Form 

1117. No statement of the grounds of contest 
will be rejected, nor the proceedings dismissed by 
any Court, for want of form, if the grounds of 
contest are alleged with such certainty as will ad¬ 
vise the defendant of the particular proceeding 
or cause for which such election is contested. 

(The section below was enacted twice.) 

Time of Hearing, How Set 

1118. Upon the statement being filed, the Coun¬ 
ty Clerk must inform the Superior Court of the 
county thereof, which shall thereupon set some day 
to be named by it, not less than ten nor more 
than twenty days from the date of such order, to 
hear and determine such contested election. 

Special Session of Court 

1118. Within five days after the end of the time 
allowed for filing such statements the County Clerk 
must notify the Superior Court of the county or 
city and county of all statements filed. The court 
shall thereupon order a special session to be held, 
on some day to be named by it, not less than 
ten nor more than twenty days from the date of 
such order, at which session the ballots shall be 
opened and a recount taken, in the presence of all 
the parties, of the votes cast for the various 
candidates in all contests where is appears from 
the statements filed that a recount is necessary 
for the proper determination of such contest or 
contests. The court shall continue in special ses¬ 
sion to hear and determine all other issues aris¬ 
ing in such contested elections, and within ten 
days after the submission thereof the court shall 


No 

Rejection 


10 to 20 
Days 


Time of 
Notification 

Special 
Session of 
Court 


392 


CALIFORNIA ELECTION LAWS 


Time for 
Judgment 


Served by 
Sheriff 


Attach 

ments 


Powers of 
Court 


Time 

Allowed 


When 
Court May 
Dismiss 


find its findings of fact and conclusions of law, 
and immediately thereafter judgment thereon shall 
be entered. 

(See preceding section.) 

Issuance of Citation by Clerk Mandatory 

1119. The Clerk shall thereupon issue a cita¬ 
tion for the person whose right to the office is 
contested, to appear at the time and place speci¬ 
fied in the order, which citation must be delivered 
to the Sheriff, and served either upon the party 
in person, or, if he cannot be found, by leaving 
a copy thereof at the house where he last resided, 
at least five days before the time so specified. 

Subpoena of Witnesses 

1120. The Clerk must issue subpoenas for wit¬ 
nesses at the request of either party, which must 
be served as other subpoenas; and the Superior 
Court shall have full power to issue attachments 
to compel the attendance of witnesses who have 
been supoenaed to attend. 

Hearing of Contest 

1121. The Court must meet at the time and 
place designated, to determine such contested 
election, and shall have all the powers necessary 
to the determination thereof. It may adjourn from 
day to day until such trial is ended, and may also 
continue the trial, before its commencement, for 
an t y time not exceeding twenty days, for good cause 
shown by either party upon affidavit, at the costs 
of the party applying for such continuance. 

Trial and Judgment—Rules 

1122. The Court must be governed, in the trial 
and determination of such contested election, by 
the rules of law and evidence governing the de¬ 
termination of questions of law and fact, so far 
as the same may be applicable; and may dismiss 
the proceedings if the statement of the cause or 
causes of the contest is sufficient, or for want of 
prosecution. After hearing the proofs and allega¬ 
tions of the parties, the Court must pronounce 
judgment in the premises, either confirming or 
annulling and setting aside such election. 


CALIFORNIA ELECTION LAWS 393 

Court to Declare Person Elected—Clerk to Issue 
Certificate 

1123. If in any such case it appears that an¬ 
other person than the one returned has the high¬ 
est number of legal votes, the court must declare 
such person elected. The person declared elected 
by the Superior Court shall be entitled to a cer¬ 
tificate of election; and if a certificate has not 
already been issued to him, the County Clerk 
must immediately make out and deliver to such 
person a certificate of election signed by him, 
and authenticated with the seal of the Superior 
Court. If the Clerk has issued any certificate for 
the same office to any other person than the one 
declared elected by the court, such certificate 
shall be annulled by the judgment. 

(The section below was enacted twice.) 

When Two Candidates Receive Equal Number of 
Votes—Contest 

1124. Whenever the body canvassing the re¬ 
turns of any such election declares that no per¬ 
son has received the highest number of votes 
given for that particular office, any elector of 
the county, city and county, city or political 
subdivision of either, in which such office is to be 
exercised may, within twenty days after such dec¬ 
laration, contest the same by filing with the 
Clerk a written statement setting forth the mat¬ 
ters stated in subdivisions 1, 3, and 4 of Section 1115 
and also the names of the persons shown by such 
declaration to have received the highest and equal 
number of votes; which statement must be verified. 

A citation must thereupon be issued to and 
served upon such of said persons receiving an 
equal number of votes as are not contestants as 
provided in Section 1119. 

Thereupon like proceedings must be had as arc 
provided in this title for contesting the right of 
a person declared elected; and all the provisions 
of this title so far as applicable thereto must 
govern in such proceedings. 

If the court finds that some person has received 
the highest number of votes such person must be 
declared elected. 


Certificate 
of Election 


Any Other 
Certificate 
Annulled 


Power of 
Elector 


Citation 


Proceedings 


How 

Declared 

Elected 



394 


CALIFORNIA ELECTION LAWS 


Filed 

Statement 


Citation 


Who Pays 
Costs 


(This section was enacted twice. See below.) 

1124. Whenever the body canvassing the re- 
turns of any such election declared that no per¬ 
son has received the highest number of votes 
given for that particular office, any elector of the 
county, city and county, city, or political subdi¬ 
vision of either, in which such office is to be 
exercised, may, within twenty days after such 
declaration, contest the same by filing with the 
County Clerk a written statement, setting forth 
specifically the matters stated in subdivisions 3, 
3, and 4 of Section 1115, and also the names of 
the persons shown by such declaration to have 
received an equal number of votes; which state¬ 
ment must be verified as provided in said Section 
1115. A citation must thereupon be issued for 
and served upon the persons so declared to have 
received an equal number of votes, as provided 
in Section 1119, unless one of such persons is the 
contestant, in which case the citation need not be 
issued for or served upon him. Thereupon like 
proceedings must be had as are provided in this 
title for contesting the right of a person declared 
elected, and all the provisions of this title, so far 
as applicable thereto, must govern in such pro 
ceedings. 

(See preceding section.) 

Proceedings—Payment of Costs 

1125. If the proceedings are dismissed for in¬ 
sufficiency, or for want of prosecution, or the 
election is by the court confirmed, judgment must 
be rendered against the party contesting such 
election, for costs, in favor of the party whose 
election was contested; but if the election is an¬ 
nulled or set aside, judgment for costs must be 
rendered against the party whose election was 
contested, in favor of the party contesting the 
same; provided, that where two or more contested 
elections are joined for the purpose of recounting 
votes ns in this title provided, the costs shall be 
apportioned among the parties in the discretion 
of the court. Primarily each party is liable for 
the costs created by himself, to the officers and 
witnesses entitled thereto, which may be collected 


CALIFORNIA ELECTION LAWS 395 

in the same manner as similar costs are collected 
in other cases. 

Appeal, When Allowed 

1126. Either party aggrieved by the judgment 
ot* the court may appeal therefrom to the District 
Court of Appeal as in other cases of appeal there¬ 
to from the Superior Court; provided, that during 
the pendency of proceedings on appeal, and until 
final determination of such proceedings, the per¬ 
son declared elected by the Superior Court shall be 
entitled to the office in like manner as if no ap¬ 
peal had been taken. 

(Section limiting time of Appeals.) 

Time of Appeal 

1126. Either party aggrieved by the judgment 
of the court may, within thirty days after notice 
of the entry thereof, appeal therefrom to the 
supreme court, as in other cases of appeal thereto 
from the superior court. 

(See preceding section.) 

Election is Void and Office Vacant 

1127. Whenever an election is annulled or set 
aside by the judgment of the Superior Court, and 
no appeal has been taken within ten days there¬ 
after, the commission, if any has issued, is void, 
and the office vacant. 


May 

Appeal to 
District 
Court of 
Appeal 


Time 

Allowed 


Ten Days 
Allowed 









































































































INDEX 


The first index is an index of the Direct Primary 
Law, followed by an Index of the remainder of the 
book. 





INDEX TO DIRECT PRIMARY LAW 

A Pages 

Abstract of Votes . 307 

Affidavit of Candidate . 82, 83 

B 

Ballots: 

Arrangement of Names . 93-96 

Binding ... 98, 99 

Clerk Provides ..... 91 

Folding by Voter . 105 

Forms .100,101 

Heading. 92 

Instructions . 93 

Kinds of . 91 

Mailing Samples . 102 

Marking by Voter . 105 

Municipal . 97 

Non-Partisan Portion . 94,95 

Office Designation . 97,98 

Official Paper ....,. 92 

Printing of . 92-97 

Samples .102,103 

Size and Form of . 92 

Stringing and Sealing . 106 

Stub . 98 

Tints of Paper . 91 

Bribery . 125 

C 

Candidates: 

Certified List of .. 89, 90 

Elected at Primary. 109 

Expenses of ... 123,124 

Fees of . 87,88 

Fees, Payment to Treasurer. 89 

Fees When None . 88 

Independent ..... 85, 86 

Order of Names Published . 97 

Record of . 86 

Support of . 77 

Withdrawal of . 116 





































































INDEX TO DIRECT PRIMARY LAW 

Pages 

Canvass: 

By Election Officers . 106 

By Legislative Body .106, 107 

Certificate Appointing Verification Deputy.... 73-76 

Certificate by Clerk, Time Allowed . 81 

Certificates of Election . 110 

Certificates of Nomination . 110 

Challenges . 104 

Committees: 

Congressional . 114 

County Central . 114-116 

County Central, How Elected .,.115,116 

County Central, Members . 115 

Executive ...113,114 

Executive, Duties of . 114 

To Propose Candidate . 75 

Contests . 119-123 

Additional Judges . 121 

Appearance of Coutestee . 121 

Decision Final .122,123 

Filing of Affidavit .119,120 

Pay of Assistants . 122 

Precinct Recounts . 120 

Presiding Judge . 122 

Conventions: 

Delegates to . 111,112 

Vacancies in. 113 

D 

Date of Election . 71 

Definitions . 68-70 

Delegates to Conventions .111-113 

Clerk’s Certificate . 112 

Duties of . Ill 

Eligibility . 112 

Party Affiliation . 112 

Duty of City Clerk . 73 

E 

Election Notice, Publication of. 72 

Election Officers . 103 

Employees, Time Allowed to Vote. 71 

Errors and Omissions . 119 

Expenses of Candidate. v ...123,124 






































INDEX TO DIRECT PRIMARY LAW 


F Pages 

Filing Nomination Papers ..-.... 73 

Filing, Time Limit . 73 

Forms from Secretary of State and Attorney 

General .. 126 


G—H 

* * * * 


I 

Independent Candidates ... 85, 86 

J—K—L—M 

* * * * 

N 

Nominations ..71,108,109 

Nomination Papers: 

Binding . 80,81 

Circulation of .. 73 

Contents . 78 

Filing of . 73 

Form of . 79 

Indexing . 80,81 

Sections of . 78 

Signatures to . 77 

Suppression of .*. 325 

Time of Circulating . 77 

Yerifi cation of . 78 

When Non-Partisan . 80 

Where Filed .;. 82, 86 

Nominees: 

Secretary of State Certifies .110, 111 

Notice of Election: 

By Secretary of State . 72 

Publication . 72 


O 

* * * * 

P 

Parties: 

How Qualified . 70 

No Similar Names . 70 

Percentage Required . 70 

Petition to Participate . 70 



























INDEX TO DIRECT PRIMARY LAW 


Pages 

Polls: 

No Intermission .105,106 

Opening and Closing .*.... 103 

Q 

* * * * 

R 

Register . 104 

Registered Vote, Transmission of. 72 

S 

Signatures: 

Certificate by Clerk . 81 

Examining .. 81,82 

Figuring Percentage . 83, 84 

Limiting . 87 

Non-Partisan . 85 

Percentage of . 83 

Statement of Receipts and Expenditures. 124 

T 

Tally Lists, Arrangement of Names . 93, 96 

Tie Vote .118,119 

U 

* * * * 

V 

Vacancies .116,117 

Vacancies, Certificate Filling. 118 

Validity of Act . 126 

Verification Deputies . 73 

Voters: 

Name on Roster . 104 

Party Affiliation . 104 

Qualifications . 104 

W—X—Y—Z 

* * * * 






















INDEX 


A Pages 

Abstracts: 

Governor ancl Lieutenant Governor . 356 

President and Vice-President . 359 

Propositions . 355 

State Returns ... 355 

Amendments to Constitution: 

Arguments . 310, 311 

Copies of . 311 

Furnished to Clerk . 312 

Mailing .,.:. 312 

Posted at Polling Place . 312 

Quantity . v ... 311 

Appointment of Deputies ..... 367 

Assemblymen, Election and Terms . 261 

B 

Ballot Box: 

Exhibition of . 305 

When a Separate One . 331 

Ballot Paper, no Imitation . 339 

Ballots: 

Arrangement of.314-316, 321 

Binding .322,329 

Borders . 322 

Canceled . 335 

Clerk Provides . 313 

Correction of Errors in . 329, 330 

Counting .;.........^.. 347 

Delivery of . 330 

Designation of Terms . 324 

Destruction of .329, 350 

Folded Together . 4 346 

Folding . 334 

Forms of .326,327 

In Clerk ’s Custody . 351 

Instructions . 323 

Kept Sealed . 350 

Length . 313 

Marking . 333 

Municipal . 323 

Must Agree with Number of Voters. 346 

No Destruction during Contest . 351 

No Opening of. 353 







































INDEX 

Ballots (Continued): Pages 

Number . 322 

One Kind Only . 313 

Opened for Contests .350, 351 

Perforation . 322 

Printing and Size .320, 323 

Propositions on .1. 324 

Public Expense ...... 307 

Quantities . 329 

Receipts for . 330 

Recording . 329 

Removing Number from . 337 

Resealing .. 351 

Sample . 337 

Sealing .. 348 

Secret ... . .... 12,13 

Spoiled . 325 

Stringing .347, 348 

Stub . 322 

Uniformity ...... 323 

Unused . 335 

Void ....... 338 

When City Charge . 307 

When Lost . 330 

Ballot Title Commissioners . 319 

Ballot Titles . 312 

By Attorney General .318, 328 

By Electors ...318, 319 

Bonds of Officials . 360 

Bribery, Makes Ineligible to Office. 48 

(Also see Penal Code) 

C 

Candidates’ Names: 

Arrangement by Clerk . 317 

Independent .317,318,321 

Order Determined . 317 

Statement of by Secretary of State. 316 

Canvass: 

Additional Help . 352 

By Legislature . 357 

By Supervisors . 352 

Delays .,.... 352 

Method of . 353 








































INDEX 


Canvass (Continued): Pages 

Public .346,353 

Record of on Minutes . 354 

When Election Board Attends. 353 

Cards, Instruction and Precinct .337, 338 

Certificates of Election: 

Issued by Clerk. 354 

Issued by Secretary of State ... 355 

Challenges .333, 341-344 

Charters: 

Amending .=....25-27, 33, 34 

Annexation . 38-42 

Borough System . 35,45 

City Population Required . 32 

Duties of Freeholders . 23, 32 

Election of Freeholders . 22, 23 

Election to Vote . 24, 33 

Elections . 36 

Filing .'.24, 25, 33 

Indebtedness . 43,45 

Publication and Posting .23, 24, 33 

. Ratification ..24, 25, 32, 33 

Recording . 25,33 

Surrender or Annulment of .„. 31 

What Affected by .27-30, 35, 36 

Citizens: 

Of the State . 223 

Of the United States, Powers . 224 

Who Are Not of the State . 224 

Citizenship: 

African Nativity or Descent . 10 

American *Women Married to Foreigners 8 

As Shown in Constitution of California.. 11 

As Shown in U. S. Constitution.„. 11 

Children of Naturalized Aliens . 10 

Chinese Not Eligible . 10 

Foreign Born Children . 9 

Foreign Women Married to Americans.... 8 

Length of Residence in United States. 10 

No Race or Color Distinction . 9 

Women Married to Citizens. 8 

Commissions, Governor Issues . 356 

Constitutional Amendments: 

Arguments .310, 311 

Copies of . 311 






































INDEX 

Constitutional Amendments (Continued): Pages 

Furnished to Clerk . 312 

Mailing ........ 312 

Posted at Polling Places _•.. 312 

County and Township Officers: 

Eligibility ......366, 367 

D 

Digest, Election Officers . 303 

Direct Primary Law (See Complete Index 
preceding this Index) 

Districts: 

Assembly.20, 238-258 

Basis of Formation. 20 

Congressional ..'..21, 258-260 

District Court of Appeal. 260 

Equalization . 260 

Power to Change. 26!1 

Senatorial ....20, 224-238 

Duelists, Not Eligible to Office . 47, 48 

E 

Election by Plurality ...48, 49, 263 

Election Campaigns: 

Claims ......130,132 

Committees . 128 

Expenses, Legal . 128-130 

Powers of Commissioners .340, 341 

Printer's Name Must Show .:. 132 

Statement of Receipts and Expenditures 127 

Witnesses ..132,133 

Electioneering . 340 

Election Commissioners . ....265-271 

Elections, Consolidation of: 

Appointment of Election Officers.134,135 

Canvass .....134,135 

Control . 134 

How Consolidated . 134 

Election Contests: 

Appeal .„. 395 

Certificate of Election . 393 

Citation ..392-394 

Costs . 394 

Due to Illegal Voting.390, 391 

































INDEX 


Election Contests (Continued): Pages 

Election, When Not Annulled ..389, 390 

Judges .-. 389 

Statement .—. 390 

Time of Hearing. 391 

Trial and Judgment ... 392 

Vacancy in Office ... 395 

Elections: 

County and Township . 361, 362 

General . 261 

Municipal ... 262 

No Interference by Army and Navy 

Officers ... 9 

Special . 261 

Election Officers: 

Absence of .:.... 302 

Appointment of .297, 298 

Canvas by . 302 

Compensation .264, 265 

Duties . 302 

Number in Cities . 304, 305 

Oaths .299, 301, 302, 304 

Power to be Absent from Employment.... 298 

When Clerk Appoints .„296, 297 

When Inspector Appoints . 296 

Election Returns: 

Contents of . 349 

Correction of . 353 

Filing by Secretary of State . 355 

For Electors of President and Vice- 

President ...*....357, 358 

Posting Result . 348 

Semi Official . 348 

To Supervisors . 352 

To Whom Delivered . 348 

Election Supplies: 

Clerk Furnishes ...r.. 367 

No Removal or Destruction . 339 

Electors (Also see Voters): 

Eligibility .,..'.271, 272 

Proof of Eligibility . 290 

Electors of President and Vice-President: 

Accounts of . 359 

Balloting . 359 

Meeting of . 359 





































INDEX 


Electors of President and Vice-President 

(Continued): Pages 

Tallies . 359 

Vacancies . 359 

When Elected . 357 

Embezzlers Not Eligible to Office . 21 

F—G—H 

* * * * 

I 

Indexes, Posting of „. 304 

Initiative: 

Additional Legislation . 20 

Amendments by Legislature . 16 

Arguments for and Against . 16 

Clerk’s Certificate . LS 

Constitution of California . 13-20 

Contents of Petitions . 17 

Elections ... 14 

Filing . 18 

Petitions . 14 

Preservation by Secretary of State . 310 

Inspectors, Form of Oath .„. 301 

Instructions to Voters . 333 

J—K 

* * * * 

L 

Legislature, Control of Election or Appoint¬ 
ment of Officials . 48 

Lists (Poll, Tally, etc.): 

Assisted Voters . 337 

Challenge ..:.345,346 

Clerk Furnishes Lists. 265 

Retained by Clerk .349, 350 

Roster .349, 350 

Signatures of Election Officers .347, 348 

Tally .. 347 

Want of Form . 307 

M 

Messengers .357,358 

Military Duty, Exemption from . 12, 264 

Military Roll . 361 































INDEX 


Pages 

Municipal Corporations, Classification of.174—176 

Basis of Classification ...174,175 

Certified Copy of Minutes. 176 

Enumeration. 175 

Petition '... 175 

Reorganization .„. 175 

What Classes . 174 

Municipal Corporations, Control of Public 

Utilities .187-197 

Ballots .192,193 

Canvass .193,194 

Definitions . 188 

Election Commissioners . 191 

Election Procedure .189-196 

Election, When Held . 191 

Order .. 194 

Petitions ...188,189 

Powers .187-196 

Signatures . 190 

Municipal Corporations, Consolidation of.171-173 

Abstract . 172 

Canvass . 172 

Election . 171 

Election of Officers . 172 

In Effect . 173 

Joint Meeting . 172 

Petition . 171 

Municipal Corporations, Direct Legislation....l77-182 

Arguments . 179 

Ballots ...179,180 

Charter Cities . 182 

Election ...180,181 

Elections Six Months Apart . 179 

Ordinances . 178 

Petitions .177,178 

Street Work . 182 

Veto . 181 

Municipal Corporations, Organization, Incor¬ 
poration and Government . 164-173 

Abstract .166,167 

Bonded Indebtedness . 171 

Boundaries .164,165,169,170 

Elections .165-168, 170 

General Laws Apply . 169 











































INDEX 


Municipal Corporations, Organization, Incor¬ 
poration and Government (Cont’d): Pages 

Ordinances . 169 

Petitions .„.. 164 

Reorganization .167-169 

Terms of Officers . 166 

When in Effect . 168 

Municipal Corporations, Recall in.183-186 

Ballots .!. 185 

Candidates ... 186 

Charter Cities . 186 

Clerk, Recall of . 184 

Elections .185,186 

Length of Time in Office . 183 

Petitions .;.183-185 

Vacancies . 186 

Municipal Corporations of Fifth Class.198-203 

Ballots . 200 

Board, Powers of . 199 

Compensation of Trustees. 201 

Consolidation of Offices . 198 

Elections .199-202 

Eligibility to Office . 202 

Establishing Departments . 199 

Officials .198,199 

Salaries .201, 202 

Terms ..'198,199 

Trustee, Duties of . 203 

Vacancies . 201 

Municipal Corporations of Sixth Class......204-208 

Ballots . 205,206 

Board, Powers of . 205 

Compensation of Trustees.1. 207 

Consolidation of Offices. 204 

Elections .205, 206, 208 

Eligibility to Office. 208 

Establishing Departments . 205 

Officials .:.204,205 

Salaries .207, 208 

Terms .:. 204 

Trustee, Duties of . 208 

Vacancies . 206 

Municipal Corporations, Election in Fifth 

and Sixth Class .,. 209-222 

Affidavit of Candidate . 211 






























































INDEX 


Municipal Corporations, Election in Fifth 

and Sixth Class (Continued): Pages 

Assisting Voters . 216 

Ballot Box . 215 

Ballots .212-214, 216-219 

Candidates .210, 211, 222 

Canvass ...217, 221 

Certificate of Election ... 222 

Challenges . 216 

Clerk Provides Supplies . 213 

Duplicate Lists . 220 

Election Officers . 210 

Indexes ..214, 215 

Nomination Papers .:.211, 212 

Nominees ... 212 

No Sample Ballots . 212 

Notice of Election .209, 210 

No Verification Depnties . 211 

Oaths of Election Officers ... 215 

Polls ...215, 216 

Precincts . 210 

Register . 214 

Returns .220, 221 

Supplies .212, 213 

Tallies . 218 

Voting ...215, 216 

Voting Booths . 215 

N 

Naturalization . 10 1 

Nomination Papers: 

Filing . 309 

Illegal Handling . 339 

Percent of Signatures . 308 

Preservation . 310 

Signatures ...308, 309 

Notice of Election: 

Clerk Files . 295 

Contents ... 295 

Posted .. 295 

O 

Ordinances of Counties: 

Ballots ...370, 371 

Certificate by Clerk . 369 






































INDEX 


Ordinances of Counties (Continued): Pages 

Elections . ..370-372 

Form . 372 

Petitions ......... 368 

Printed Copies . 371 

Publication . 371 

Reconsideration .:..... 372 

Repeal or Amending . 370 

Supplements . 369 

P 

Pads and Stamps . 331 

Penal Code Sections .374-388 

Ballots, Changing . 376 

Ballots, Fraudulent . 385 

Ballots, Tampering with by Election 

Officers . 376, 377 

Bribery ...i...378-381 

Election Betting . 385 

Election Officers: 

Acting Without Authority.374, 377 

Interference by . 383 

Not Acting ..-. 377 

Tampering with Lists .376, 377 

Fraudulent Registration . 374 

Fraudulent Voting .375, 376 

Interference with Voting . 375 

Liquor Selling . 386 

Lists, Tampering With .376,377 

Meetings, Hindrance of.383, 384 

Name of Printer . 386 

Petitions, Illegal Handling .386-388 

Pledging Votes .382 

Promises, Illegal . 382 

Returns, Alteration of and False.377, 378 

Signatures on Printed Matter . 385 

Voters Interference With . 384 

Pencil, Use of . 332 

People, The ...—- 13, 223 

Polling Places, When Clerk or Inspector 

Designates . 296 

Polls, Opening and Closing .305, 306 

Precincts: 

Arrangement of .. 292 







































INDEX 


Precincts (Continued): Pages 

Boundaries Defined ... 294 

Changes . 293, 294 

Consolidation . 293, 294 

Number of Voters in .292, 294 

Presidential Primary Act: 

Ballots, Arranging Names and Groups.... 61 

Ballots, Blank Column . 61, 62 

Ballots, County Clerk Supplies . 66 

Ballots, Form of .'.. 65 

Ballots, Groups . 62 

Ballots, Instructions . 64 

Ballots, Names, Order of . 62 

Ballots, No Preference Column . 61 

Ballots, Preference Shown . 61 

Ballots, Quantity. 66 

Ballots, Samples . 66 

Ballots, Sizes of Type . 62 

Ballots, What One Given to Voter. 64 

Candidates . 58-61 

Delegates .56, 57, 59 

Election Date . 56 

Forms, Prepared . 66 

Nomination Papers . 57, 58 

Party Affiliation at Polls . 63 

Register Used . 63 

Primary Election Laws . 11,12 

Proclamations of Election . 262, 263 

Propositions, Secretary of State Arranges.... 318 
Public Utilities . 46, 47 

R 

Railroad Commission . 46, 47 

Recall: 

Arguments on Ballot . 50, 364 

Ballot . 51, 365 

Candidates . 51 

Elections ...50, 52, 364 

Expenses, Repayment of. 54 

Extent of . 55 

Length of Time in Office .. 54, 362 

Of Governor or Secretary of State. 54 

Petitions .49, 50, 52-54, 303 

Signatures . 55 

Vacancies . 52 







































INDEX 


Pages 

.Referendum (Constitution of California). 15-20 

Additional Legislation ... 20 

Amendments by Legislature . 16 

Arguments .. 16 

Elections .... 16 

In Counties and Cities . 19 

No Veto. 16 

Petitions . 15-18 

Suplemental Petitions . 18,19 

Registers, What Used .....291, 292 

Registration: 

Affidavits of .275-281 

Binding Affidavits . 288 

Cancellation of ...284-287 

Change of Name . 284 

Court Judgment .;. 284 

Court Orders .287, 288 

Entries Mandatory .:. 275 

Indexes .286, 289, 290, 304 

Lists of Lodgers . 274 

No Fees for Registration . 264 

Of Foreign Born . 279 

Party Affiliation . 278 

Places of Registration . 273 

Preservation of Affidavits. 284 

Reregistration . 285 

Time of Registration r . 272 

Transfers ...272, 273 

Representatives in Congress .360, 361 

Residence .12, 48, 223, 344, 345 

S 

Senators of U. S. 360 

Stamps and Pads . 331 

State Senators . 261 

Supervisors .263, 367, 368 

T 

Tie Vote . 263,264 

U 

# * * * 




































INDEX 


V Pages 

Voters: 

Absence from Employment . 339 

Assisting ........ 336 

Privileged from Arrest . 11, 264 

Voting: 

Secrecy ...-.339, 340 

Time Allowed . 339 

Time Begins . 341 

Voting Machines .137-163 

W 

Writing Names on Ballot .333, 338 

X 

X’s (Rubber Stamps) .,.331,332,334,338 

Y—Z 

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